Judge rules that developers can move historic property without additional studies
A community group’s hope to have the Stanford Home remain at its original location was dealt a blow Friday, Sept. 3, when New York State Supreme Court Judge Barry Kramer approved Highbridge Development’s plan to move the historic property.
In his judgment, Kramer said the Niskayuna Planning Board’s June 10 decision to approve changes to the site plan involving the move of the home was sound.
It would just be preserved in a new location, and I believe, in fact, that was rational decision by the planning board, said Kramer. `The petition in my view should be dismissed.`
Friends of the Stanford home had filed a lawsuit to block the move, saying the town should have called for another SEQRA study.
`While there may have been or could have been a further SEQRA study, I do not believe there must have been further SEQRA study,` said Kramer. `It appears that the argument is really one of aesthetics, and the planning board made a determination that the building would preserved.`
John Henry, attorney for Highbridge, said the modification of the plan to relocate the building is a small revision. Henry also pointed out that the petition stated the lead agency of the project was the Town Planning Board, but the Town Board was actually the lead agency to determine if any additional SEQRA is required. Kramer also noted this as a flaw in the petition.
`There is no argument that the lead agency is the Town Board, and I do believe it was essential for these petitioners to name the Town Board as a necessary party to this proceeding for the relief they sought,` said Kramer in his decision. `Having failed to do so they failed to include the necessary party and that also is a basis for my dismissal.`
Alex Brownstein, attorney for Friends of the Stanford Home, said after the decision that he didn’t cite the Town Board as the lead agency because they did a SEQRA review in 2007 dealing with everything being leveled around the mansion, but a SEQRA hadn’t been done on moving the mansion.
John Roth, from Highbridge, said he was pleased with the outcome. He said moving the home to the new location will allow the planned plaza to look and flow better.
`Things change, plans change and tenants change, so you have to change with the current times,` said Roth when asked if the developers could have anticipated moving the home.
Linda Champagne, member of the preservation group, said this decision creates a loophole allowing developers to submit major changes to site plans without further SEQRA study.
`This is going to be a statewide implication if this goes down without a challenge,` said Champagne.
Champagne also said she was disappointed town officials didn’t follow SEQRA laws.
`[The developer] never wanted that building,` said Champagne. `In order to get it through and get it passed, [the developer] agreed to leave it in place, restore it and of course it was left unlocked for weeks and was destroyed inside in many ways.`
She said when the building is moved, the basement floor will be destroyed and the kitchen and food preparation areas are located on that floor.
`We didn’t think we would get this one total denial of stopping any of the work, because they are ready to cut that thing loose and move it,` said Champagne. `It is the saddest thing to look at it now.`
She said the group is thinking of appealing the decision, but what could be done to the site by the time an appeal is filed and judged on is unclear.
`This has repercussions for all of New York state it basically just eviscerated the entire New York State Environmental Protection Law,` said Brownstein.
Niskayuna Supervisor Joe Landry said during an interview after the decision that when he became town supervisor, the developers already had the approval to do whatever they wanted with the site. He said he is pleased the developer decided to preserve the building and incorporate it into the planned retail development.
`The thing people keep forgetting is at any point [the developer] could have got a demolishing permit and tore it down,` said Landry. `I am trying to work with the cards that were dealt to me at the time.“
