This is a summary of where in the process the various (numerous!) lawsuits against the Patrick Farm decision are at this point. The biggest frustrations that most people -who are in the know – experience is the gangbuster way in which the Town of Ramapo has allowed the developer to pursue the applications while there still remain active lawsuits under way. This has has really muddied the water and is expected to continue.

2010 Zoning Cases

• On January 25, 2010 the Town Board accepted the SEQR findings, approved the change to the comprehensive plan with respect to the Patrick Farm, and approved the two MR-8 zones on the property.
• Shapiro, Pomona and Youngwirth (represented by Bruce Levine) submitted Article 78’s in 2010 which were thrown out for lack of standing in 2010.
• In 2011 the cases went to the appellate court.
• In 2012 all three parties won their appeal and the appellate court issued decision mandating that the cases be heard.
• In March of 2013 the cases were submitted to Judge Walsh who already had heard and made decisions on the 2011 and 2012 cases.
• In June of 2013, Judge Walsh decided against the plaintiffs for the most part based on the prior decisions he had already made. (Which is very circuitous logic and improper logic.)
• These cases are being perfected for the appellate court.
• ROSA volunteers continue to provide research and strategic support for the parties involved.
• The best outcome of the cases is for the appellate court to see the logic of the situation that the community has been fighting for. The appellate overturned Jamison’s decision on  standing and we hope they will ultimately overturn Walsh’s decision on the approvals.

2011 Preliminary Subdivision Approval

• On January 6, 2011 the Town of Ramapo Planning Board approved a preliminary subdivision plan for the Patrick Farm property. After litigation was initiated they updated the approval in March of 2011.
• ROSA, Pomona and Shapiro filed Article 78 lawsuits which were heard at the end of August, 2011.
• Judge Walsh found for the defendants in October 2011.
• ROSA, Pomona and Shapiro are still fighting the 2011 Preliminary Subdivision approvals in the appellate court and are expected to submit briefs in January 2014.

2012 Final Subdivision, Final Condo Site Plan, and Final Vol. Housing Site Plan Approval

• On December 27, 2011 the Town of Ramapo Planning Board approved the Final Subdivision Plan, the Final Site Plan for Condominiums, and the Final Site Plan for the Volunteer Housing.
• In 2012 ROSA, Pomona and Shapiro filed Articles 78’s – hence these are referred to as the “2012 Cases”.
• In September 2012, Judge Walsh found for ROSA and the other plaintiffs and sent the cases back to the planning board to do the architectural review.
• Unfortunately on certain merits the Judge found for the defendants and this led to the necessity to appeal those aspects of the decision in the appellate courts.
• The appeals for the 2011 cases and the appeals for the 2012 cases are being submitted together and will be heard together in January 20114.

2012 Final Subdivision Amendment

• This is where things get even more complicated. In Sept 2012, the Planning board approved a “minor” change to the Final Subdivision Plan to keep an easement where the driveway to the Sheriff’s horse farm currently exists.  They tried to sneak it in without notice to the neighbors under the Miscellaneous section of the planning board agenda.
• ROSA filed an Article 78 for the 9/11/12 approval.
• Because there was no specific plan for the use of the easement Judge Walsh found for the defendants on 3/21/2013.

2013 Final Subdivision, Final Condo Site Plan, and Final Vol. Housing Site Plan Approval

• On December 12, 2013 the town CDRC board held an architectural review of the development. Despite all the language and requirements of the town law to review the development in comparison to the surrounding area, extremely little was reviewed other than the choice of siding.
• There were public hearing in January and on March 21, 2013.
• The Town Board approved the original Site Plans and a new (but similar) Subdivision Plan on March 21, 2013.
• ROSA, Pomona and Shapiro are in the middle of a 2013 Article 78 on the March 2013 decisions. The town has replied but the developer has admitted to planning new plan submissions and asked for the court to delay the case.
• The case was delayed from replies due in September to replies due in November. Terry Rice submitted a letter to the court admitting that the new applications will moot out the approved applications. ROSA is proceeding with the case and is submitting a response to the town’s reply on Friday 12/13/2013 and will be before Judge Walsh on 12/20/2013. 

At this time, the developer cannot get a permit from the county sewer district without an ACOE Jurisdictional Determination. They had not even submitted an application for a Jurisdictional Determination yet. The developer has admitted they will submit new applications that will moot out the existing applications. ROSA will work to be prepared for upcoming public hearings and to persuade the agencies to force them to do complete submissions.