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Kathwood Homes
Release Date: October 16, 2006

A number of residents who live on or near Kathwood Road have inquired about the status of the unfinished homes on the street. The following information, prepared by Tim Lewis, Town Attorney, might be of interest.

In an opinion dated September 29, 2006, the Westchester Supreme Court (Judge Mary Smith) dismissed the above action by the Baker Brothers (WBRC) to invalidate a 1987 Town Board resolution designating the area where the Kathwood Road Homes are located a “Critical Environmental Area” (CEA).  In short, the Court determined that the applicable four-month Statute of Limitations to challenge the action had expired.

Designating an area to be in a “Hilltop Preservation Zone” and deeming it to be in a “Critical Environmental Area” is significant because it subjects a prospective subdivision application to more rigorous scrutiny by the Planning Board and could affect the development and density or a parcel.

The decision means that the Baker Brothers subdivision application, which will be considered by the Planning Board in Work Session at its October 18, 2006meeting, will be considered and reviewed pursuant to its designation as a property in a “Critical Environmental Area”.

On another note, the Plaintiff Baker Brothers were given permission to amend their complaint to allege that the Planning Board unreasonably delayed their application and selectively enforced its CEA resolution against them. However, our outside counsel on this matter, Monica Snitily of O’Connor McGuinness et. al., has not received an amended complaint from plaintiffs and believes such an action would be deemed moot and without merit as plaintiff’s application is currently proceeding along as scheduled before the Planning Board.

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