New Hempstead zoning at square one after judge nixes code aimed at increasing housing
NEW HEMPSTEAD - A state judge has nullified the village's updated zoning code aimed at increasing the community's housing stock, putting the government back at square one.
Supreme Court Justice Sherri Eisenpress agreed with the challengers' contentions that the Board of Trustees' zoning update was riddled with procedural errors, failed to properly inform residents of the plan and allow their participation, and violated the State Environmental Quality Review Act, known as SEQRA.
"The petitioners have demonstrated, based on the record, that the village's actions were arbitrary and capricious in the change of zone process," Eisenpress wrote in a seven-page decision dated Jan. 10.
Eisenpress wrote that village officials admitted the procedural errors when they agreed to hold an environmental review public hearing to correct the deficiencies but never did.
"In essence, the village acknowledges its errors in failing to comply procedurally with the SEQRA (when passing the comprehensive plan," Eisenpress wrote.
New Hempstead rezoning plan
Village officials have said the rezoning would allow developers more diversified housing and density in exchange for increasing the open space across the village.
The Board of Trustees has defended their deliberations on the zone changes in 2021 into 2022. The board approved the updated zoning code after several years of public hearings and meetings with residents for their views called charrettes.
Mayor Abe Sicker declined to comment on Eisenpress' decision and the village's plans, including whether officials intend to appeal Eisenpress to the Appellate Division.
"We have not discussed yet the next steps so I can’t really comment," Sicker said.
CUPON: New Hempstead must adhere to regulations
The decision marks a victory for village residents, the Hillcrest Fire Department, and Kearsing & Edwards American Legion Post 1600. CUPON-Rockland, a local advocacy group, hired environmental attorney Susan Shapiro, who was assisted by Deborah Munitz of the grassroots environmental advocates ROSA-4 Rockland.
New Hempstead updated zoning challenged: See what lawsuit claims
In a statement released by CUPON leader Micheal Miller, the group stated: "New Hempstead ignored state law and hastily passed a comprehensive plan failing to articulate the impacts that the proposed zoning changes would have on the Village of New Hempstead’s environment."
Village officials failed to articulate the number of additional units that could be built under the new zoning changes and therefore could not calculate the impacts on water, sewer, community character, traffic, and community services like those provided by the Hillcrest Fire Department.
The statement added, "We hope that now that this litigation has concluded the village will actually make progress on its promises."
CUPON, which expanded countywide in recent years, stands for Citizens United to Protect Our Neighborhoods.
CUPON: Born amid Ramapo over-development, goes countywide
CUPON said a proper environmental study and adherence to the regulations "will allow residents the opportunity to participate in public scoping sessions to help identify the impacts of the proposed changes and provide another opportunity to comment and ask questions on the GEIS document once finalized."
The Village Board then passed zoning changes based on the purported environmental review of the Comprehensive Plan, which was nonexistent, the statement said.
The need for housing is attributed by Ramapo officials to the ever-increasing Orthodox and Hasidic Jewish populations. Families have been buying homes outside Monsey in villages like Airmont, Chestnut Ridge, Pomona Spring Valley, and the town of Haverstraw. Families also are moving in from the city and New Jersey.
New Hempstead's updated zoning, the mayor has said, was earmarked to maintain the village's housing character.
In a primer on the comprehensive zoning update, Sicker wrote, "The residential changes to the comprehensive plan and zoning were designed to maintain the single-family character of New Hempstead while increasing the amount of open space provided by developers in exchange for small increases in unit counts."
Sicker wrote in the single-family optimized cluster zones, a minimum of 10 acres must be provided. The developer must offer to dedicate open spaces acceptable to the Village Board.
The legal action contended the village must follow the law and include residents in the process.
The opponents' legal action says Sicker and other Village Board members can correct their fatal errors by rescinding their resolutions, making the corrections, and doing the required environmental reviews necessary leading to properly supported determinations or findings.
"Municipalities have tremendous power to enact changes, but state laws provide minimum protections to residents to ensure that impacts are identified and mitigated," the statement said.
Steve Lieberman covers government, breaking news, courts, police, and investigations. Reach him at slieberm@lohud.com Twitter: @lohudlegal
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This article originally appeared on Rockland/Westchester Journal News: New Hempstead NY updated zoning code nullified by Supreme Court judge
