Swiss Hutte Article 78s rejected by court
Oct 23, 2015 6:16 am
he owners of the Swiss Hutte Inn and Restaurant in Hillsdale have failed in their attempt to stop the construction of a 153-unit hotel complex located at Catamount Ski Area. Two Article 78 proceedings were filed -- one appealing a decision by the Copake Planning Board and the other against the town's Zoning Board of Appeals. Both petitions were rejected earlier this month by Judge Richard M. Platkin of the State Supreme Court in Albany. Swiss Hutte owners Gert and Cynthia Alper claimed the Planning Board failed to mitigate construction impacts from the development, including vibration, noise, dust, light and visual impacts; impacts to groundwater; and impacts on their business. Platkin ruled the Alpers' desire for stricter controls on the construction process did not provide enough reason for the court to intervene. He also cited a groundwater pump test demonstrating the maximum groundwater draw would not have an adverse impact on the aquifer. And the judge also found the Alpers' charge that ZBA Attorney Ken Dow had a conflict of interest because he was both the attorney for the town and the planning boards was a "baseless claim." The Alpers' attorney, Daniel Tuczinski, said he is reviewing the decision with his clients.