GOSHEN – The groups opposed to construction of a five-story Wawayanda distribution center at the site of a gravel mining operation are awaiting the decisions on two State Supreme Court decisions before approvals may be granted.
Attorney Michael Sussman is representing the local groups Protect Orange County and Save Wawayanda.
In a third case, the court already ruled that the town Zoning Board of Appeals denial of a height variance stands.
The remaining cases deal with the developer filing a negative declaration of environmental impacts, which Sussman argues given the size of the project, is not fly.
The last suit deals with town Planning Board approving a height variance after the ZBA rejected it.
“Under New York State law, a zoning board of appeals, not a planning board, has the right to give such variances,” he said. “I don’t interpret Wawayanda’s town law as overriding the state law, which is what sets the jurisdiction for zoning boards and planning boards. I don’t think that the Town of Wawayanda has the authority to nor do I believe that it did ever attempt to overrule that division of authority.”
The project is further clouded by the Orange County Industrial Development Agency’s granting of financial incentives – including a PILOT – to construct the facility, but the IDA’s state appointed monitor rejected that.
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