After a lull in lawsuits between Tarrytown and Sleepy Hollow, both villages will head back to court soon.
On Monday night, the Board of Trustees for the Village of Tarrytown unanimously voted to reopen a lawsuit challenging Sleepy Hollow over the proposed General Motors development.
Tarrytown is challenging Sleepy Hollow over the traffic impact of the proposed development and the perceived lack of traffic mitigation plans.
"The primary concerns are traffic," said Village Administrator Michael Blau. "The board has come to the conclusion that the impacts have not been addressed.... Sleepy Hollow has decided to move ahead without addressing Tarrytown's concerns.
Sleepy Hollow trustees deemed traffic concerns a non-issue, and that mitigation plans were adequate, when they passed their environmental impact findings i (click link for documents). Sleepy Hollow Trustees agreed that the proposed GM development, which includes 1,177 residential units, "is one which minimizes or avoids adverse environmental effects to the maximum extent practical."
Tarrytown's lawsuit will be practically identical to a previous lawsuit filed in June 2007 over the GM/Roseland development.
In that lawsuit, Tarrytown took issue with traffic impacts, lack of traffic mitigation measures, and the overall size of the development – the village was pushing for a reduction in density to 800 residential units at the GM site.
Sleepy Hollow trustees in the past have said that traffic studies have already been conducted. Sleepy Hollow is also interested in pursuing a connection to the GM property via Continental Street, in the hopes of funneling traffic north to Route 117 to alleviate some vehicular stress on Tarrtown.
On Monday, Tarrytown Trustees agreed to hire the law firm Silverberg & Zalantis to represent the village in their disagreement with Sleepy Hollow. It is the same law firm that represented the village in 2007. That court case was ultimately ended because the proposed development with Roseland fell through.
However, the village will not be re-opening that old case, but will file an entirely new complaint to respond to the most recent incarnation of the proposed development at the GM site in Sleepy Hollow.
"It's a new lawsuit, but the same issues weren't resolved," said Village Attorney Jeffrey Schumejda. "It went to court, the lawsuits were filed and then it was put on hold."
Schumejda said that after both sides submit all documentation, and have a chance to respond, the court would issue a decision on the matter within 60 days.
Blau said he would be in contact with Sleepy Hollow's Village administration to let them know that the lawsuit is being revived.
"I'll be informing them of the action tomorrow (Tuesday) morning," Blau said