Apartment plan facing lawsuit

TOWN OF NEWBURGH – A proposal to build a 164-unit apartment complex on a one-time orchard in the Town of Newburgh faces a lawsuit from a nearby homeowner and opposition from other residents fearing environmental issues like traffic and runoff, and the loss of the area’s character.

Bridgehampton-based Farrell Building Co. Inc. wants to erect Gardnertown Commons on a nearly 20-acre property bounded by Gardnertown, Creek Run and Stony Run roads.

Along with apartments, the complex would have hundreds of parking spaces; a clubhouse, pool and tennis courts; and 20 units set aside for seniors.

It would rise on land where a previous developer planned to build 104 condominiums.

But the project drew dozens of residents to a public hearing on June 16.

Four days later, Creek Run Road resident Bill Stillman sued the town’s planning board and the developer over the board’s decision to use the condo project’s environmental review instead of requiring a new one.

Stillman contends that the earlier review was faulty and incomplete, and that the board has “compounded its errors and omissions” by failing to order a new study of Farrell’s larger proposal.

“This is nothing like what’s around it,” Stillman said of the project. “If you want to build houses that are consistent with the whole neighborhood, we are all for it.”

Farrell is asking Newburgh’s planning board to amend the condo project’s site plan, adding 60 units under a “density bonus” provision allowing more units per acre if one-third of the added ones are for seniors.

Nine buildings containing one- and two-bedroom apartments would rise on the property, along with 329 parking spaces. Seniors would all live in one building.

Rents will range from $1,800 to $2,500 for two-bedrooms and $1,500 to $1,800 for one-bedrooms, said Stanley Schutzman, attorney for the project.

Farrell’s plan also calls for the installation of a traffic light and left-turn lanes at the intersection of Gardnertown Road and Gidney Avenue to improve traffic flow.

“They raised a lot of legitimate concerns and issues,” Schutzman said of residents. “But those issues have been very much addressed. And based upon the development, we think it’s going to create a better situation for the neighborhood than exists right now.”

On May 19, the planning board reaffirmed the approved environmental review given in 2006 to the 104-unit condo project, deciding that Farrell’s expanded plan is still “consistent” with that project and will have no adverse environmental impacts.

Farrell still needs site-plan approval from the planning board.

Then the company must get town-board approval on its use of the density bonus.

Nick Muscarella has lived on Stony Run Road for 45 years, seeing nothing but woods beyond the thigh-high stone fence bordering his backyard. His backyard would overlook the senior apartments.

“Their building’s going to be looking at my property,” he said while standing in his backyard. “I don’t want hundreds of people here.”

-lsparks@th-record.com