Country club loses bid for townhouses

By BARBARA LIVINGSTON NACKMAN
THE JOURNAL NEWS
(Original publication: April 18, 2001)

MAHOPAC — The Putnam Country Club in Mahopac has lost its legal battle to resurrect 10-year-old approvals to build 215 townhouses on the site of the former Mahopac Airport.

Reacting to widespread community protests, the Carmel Planning Board refused in July to extend the approvals. The developer sued the town, alleging that it had met the nine conditions set forth in the original subdivision approval granted in 1990.

In a seven-page decision dated April 3, state Supreme Court Justice Peter M. Leavitt ruled that the Planning Board had acted with "both a sound basis in reason and foundation in fact." The denial "was neither arbitrary or capricious, nor did it constitute an abuse of discretion, nor was it otherwise affected by an error of law," the judge wrote.

The town had argued that the developer, Putnam Country Club Associates, had not met conditions set by the town in the original approval — such as securing permits for the water and sewage treatment systems from the state Department of Environmental Conservation — before the board turned down another extension.

The developer maintained that all the conditions had been met.

John Marwell, attorney for the developer, said yesterday that his client was evaluating its options, which include filing an appeal or selling the property. Marwell received a copy of the decision last week.

"We had hoped that the court would see it our way," Marwell said. "But clearly, the judge upheld the town's position. The significant issue here is the approval. We thought we had the law, as well as equity, on our side."

Councilwoman Doris Stahl characterized the decision as a "sane judgment."

"This is a very proper, logical finding," she said. "It's exciting news for the people living nearby and the whole town."

Planning Board member Carl Greenwood was equally pleased, saying, "We based our decision on sound reasons."

Philip Adler of North American Properties in Stamford, Conn., has said that his group purchased the 347-acre site off Hill Street, with its 18-hole golf course, for the sole purpose of building a luxury housing complex. He secured extensions for nine years at an annual cost of $10,500.

The Lake MacGregor Golf Club, formerly the Putnam Country Club, underwent a $1 million renovation last year. With that project completed, Adler last year closed Mahopac Airport, a 40-year-old grass-strip airport, signalling to residents that he intended to begin building.

Homeowners, who vehemently opposed the project, crammed into Town Hall with protest signs and statements sharply criticizing the Planning Board for failing to recognize how much the town had changed since the plans were first proposed.

"You don't know how happy I am about this decision," said Bill Schaeffler, president of the Lake MacGregor Association, one of three homeowner groups that fought the development. "Thank God it won't be built and that Putnam County will remain environmentally clean and safe."

Residents voiced concerns about depleted water supplies, increased traffic, crowded schools and whether the development would comply with new building restrictions established by the 1997 watershed agreement with New York City.