FORESTBURGH – “This is where I draw the line,” said Lost Lakes Holdings LLC legal representative Steven Barshov of Sive, Paget, and Riesel before the Forestburgh Zoning Board of Appeals (ZBA) on May 23, after being denied a subpoena from the ZBA to call Building Inspector Glenn Gabbard as a witness in the evidentiary hearing trial.

The evidentiary hearing was the next step in the process of the appealing of  the denial of building permits for Lost Lakes Holdings LLC.

Barshov claimed before the board, at the beginning of the hearing, that the record was incomplete.

According to Barshov, in addition to the record being incomplete, Gabbard as the building inspector is a “key witness” in his case. However, Gabbard was not present at the scheduled time of the hearing.

ZBA Attorney Javid Afzali of Harris Beach PLLC claimed that the record was in fact complete, and gave counsel to the board that although Barshov retained the ability to cross-examine Gabbard, he did not have the authority to call him as a witness.

This led Barshov to request subpoenas from the ZBA to ensure the appearance of Gabbard, to which ZBA Chairman Carl Amaditz and fellow ZBA members denied.

The evidentiary hearing was adjourned shortly after, with Barshov claiming he will pursue further legal action.

As previously reported by the Democrat, separate litigation from the petitioners-plaintiffs Lost Lakes Holdings LLC and Mishconos Mazah LLC (MM) against the respondents-defendants, the Town of Forestburgh, Town Supervisor Dan Hogue, and Planning Board Chair Richard Robbins professionally and individually, remains in motion.

This is a developing story as the appeals’ process continues.

Forestburgh approved escrow amendments

The Forestburgh Town Board unanimously passed Local Law number two of 2022 on May 5. It makes multiple amendments to the town’s original law regarding the usage of escrow accounts.

The amendment is to put in place a “uniform system for the reimbursement of engineering, planning, legal, and stenographic expenses,” and other fees.

It is also stated in the amendment draft that the Town, “wishes to establish a procedure to be followed requiring the deposit of those funds in the Town’s Special Trust and Agency Account or similar account established by the Town Board and requiring that payments from that account be made only upon receipt and approval by the Town Board of itemized vouchers from its consultants following the determination by the Town Board,” in the Town code.

“The board simply wishes to have an updated document that clearly outlines the procedures and requirements for escrows, and as evidenced by the unanimous vote we feel this does just that,” said Town Supervisor Dan Hogue.

Steven Barshov of Sive, Paget, and Riesel, legal representative of Lost Lakes Holdings LLC, has not responded to the Democrat’s request for comment on the new local law.

Hitting the breaks on O&W

As previously reported by the Democrat, Forestburgh Councilman Steven Budofsky addressed the Board with a letter highlighting specific concerns and issues derived from the O&W Rail Trail Alliance’s feasibility study in Forestburgh.

After discussion, the board decided to invite Sullivan County Planning Commissioner and  Sullivan O&W Rail Trail Alliance Chairwoman Freda Eisenberg to address these issues before the Board.

However, Eisenberg  made notice to the town board that she would not be making an appearance. Because of this, the Board has since decided to put a pause on any development for the part of the O&W spur line that would have been located within the town.

“We respect the town's position and appreciate the board's consideration of the project,” said Eisenberg. “We are always available to help if there is interest in moving forward.”