An indoor recreation center in the city of Saratoga Springs is ready to be put out to bid, thanks to the Planning Board’s approval of a site plan on Thursday, Dec. 18, but a lawsuit filed days later is challenging the project’s legitimacy.
The Planning Board’s decision was marked by abstentions from board members Laura Rappaport and Amy Durland. The other five members of the board voted in the affirmative.
Both Durland and Rappaport cited underlying issues with the project’s zoning, saying the city should have sent the plans to the zoning board of appeals before it came before the planning board.
My decision is not driven by politics, but by process, said Durand.
Rappaport said ignoring the zoning board could lead to a precedent of rushing through the approval process in the future.
On Monday, Dec. 22, Friends of the South Side Park filed a lawsuit in Saratoga County Court seeking to halt the center’s progress.
According to the group’s Clifton Park-based attorney, Joseph Berger, the suit cites three problems. It challenges the City Council’s recent environmental review, saying that it was `flawed and inaccurate`; argues that the city’s zoning regulations were violated; and says that the project is in violation of the city charter since it has not been placed on the six-year capital program.
`We’re not saying, ‘Don’t build it there,’ we’re saying do it right and follow your own laws,` said Berger. `We don’t think they have the authority to move forward.`
The city’s reply papers are due on Jan. 14, and from there it will be up to a judge to decide how and when the case proceeds, said Berger.
Mayor Johnson said the city acted properly when planning the center.
`I do not believe it has merit,` he said of the litigation. `I believe in the project and the process that we followed, and I’m confident we will prevailIt’s unfortunate because it delays the project.`
Friends of the South Side Park has fought the project since the site was shifted to the South Side Recreation Fields, near Vanderbilt and Lincoln avenues, earlier this year.
Aside from the zoning issues, they have argued that the 33,000-square-foot structure will present an eyesore, increase traffic in the neighborhood and limit the outdoor use that is already enjoyed at the site.
A location on Weibel Avenue was initially proposed, but many, including Mayor Scott Johnson, said the facility should be located closer to the city center to make it more accessible to foot and bike traffic.
William Mirabile, whose name appears on the lawsuit, appeared at the planning board meeting and argued that Vanderbilt Avenue will be clogged with cars if the facility is built.
`Enforcement is going to be tough,` he said of a proposal to limit parking to one side of the street. `Do you really think that signs are going to stop people from parking in front of our houses?`
Resident Jeff Olsen said that trading outdoor space for indoor facilities at a cost of $6.5 million doesn’t make sense.
`South of Union Avenue in this city, there is not another playing field,` he said. `I’m concerned that we’re going to lose a lot more than we gain.`
Planning Board Chairman Clifford Van Wagner disagreed, noting that fields will remain on the site.
`It also brings a benefit that can be used 365 days a year,` he said of the recreation center.
The field space will measure 40,500 square feet, according to the site plan. The building is to contain racquetball courts, a large space for four basketball courts, a walking track and a multi-purpose room. Outside, a spray park will be maintained, and existing playground equipment will be relocated and added to.
As the city was plagued by money trouble later in the year, some questioned whether the facility should be built at all. Having already been bonded, though, the city would take a $900,000 financial hit if the project were abandoned.
Instead, officials chose to push the operational expenses of the new facility into 2010, when the building will be opened.
The City Council recently voted to proceed with the project with a 3-to-2 vote on its environmental impact. Public Safety Commissioner Ron Kim and Department of Public Works Commissioner Anthony `Skip` Scirocco dissented.“