[{"_1":2,"_87":-5,"_88":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},"mediaId",6479710,"mediaKeyId","5692216-a868c8dfb8014c1396f420fee88afe79","parentId",5692216,"title","Clinton ZBA reopens question of road access for CECNY '6 Senses' project; no decision as litigation continues","audioSeconds",341,"startMs",1279000,"endMs",1620000,"viewUrl","/Search/View?dp=1&key=5692216-a868c8dfb8014c1396f420fee88afe79&start=1279&end=1620","thumbnailUrl","https://assets.pipeline.soar.com/5692216-a868c8dfb8014c1396f420fee88afe79/thumbnail_1279000.jpg","articleUrl","/articles/6479710/Clinton/Oneida-County/New-York/Clinton-ZBA-reopens-question-of-road-access-for-CECNY-6-Senses-project-no-decision-as-litigation-continues","mediaUrl","https://secure.pipeline.soar.com/6479710-da384e95b9a59952d9a3984fdf0e1b84/orig.mp4?Expires=1770497731&Signature=disaEAEct3U6Eb~8jwBtq45rMlI13GZgkwyDbd~1rpFW5ela5QQiu5UaFdhmfZ9HyNj7tN6SsAkczFJ6yKQcu-15JP5ZqJtPxVDrCpw~loGNBXcoIEtiX4Q8WNT1RS1JyieQ2vGND-JE7UUNSdjK381rRX73XN7-Po8UjbsudW01lqC1y6wOIS9q-m9ETwxeINjqpaWKjh2ADzibqNzPE9nDi5R3JjGGUq3tG3-s6qEiIFC01LlN5i-eBKkZ7P7o8OOUZ-wHQSiXGmzOCBHn5lr9sZCw~X1JzLhUpQ0ao~Y-hCeQtjDpupVM1Qzp2t32Lglxs-Trp3dN2WufPxYwQA__&Key-Pair-Id=KUT5TJCACFTXG","author","City of Clinton, NY","date","2025-08-29T01:24:03Z","article","The Town of Clinton Zoning Board of Appeals heard several hours of public comment and attorney argument on whether the town’s June 4, 2024 resolution condition — that Hyde Park denials be reversed “pursuant to a final nonappealable decision” before the Planning Board may resume review — has been satisfied. After public statements from counsel, residents and economic‑development supporters, the ZBA took no final determination; it entered executive session to review attorney work product and pending litigation and scheduled additional board consideration at a special meeting on Sept. 18.

The dispute centers on access to a 224‑acre parcel in Clinton proposed for an expanded conference center (referred to by proponents as the 6 Senses/CECNY project). Access to the Clinton parcel crosses an 8.4‑acre parcel in the neighboring Town of Hyde Park. In June 2024 the Clinton ZBA concluded the amended Clinton application could not proceed to the Planning Board because the Hyde Park denials prevented the legally required access; the ZBA’s language required a \"final nonappealable decision\" reversing those denials.

Counsel for CECNY, Victoria Polidoro, told the ZBA that Hyde Park’s adoption of Local Law No. 1 of 2025 and the parties’ stipulation of settlement satisfy the board’s condition. Polidoro said the Hyde Park local law expressly deems prior administrative determinations “null and void” where they conflict with the new law and that the stipulation was so ordered by the court, meaning it produced a nonappealable disposition for that matter. “Those Hyde Park denials, as you define them, have now been reversed,” Polidoro said, asking the ZBA to allow the Clinton Planning Board to resume environmental and site-plan review.

Opponents, led by attorney Warren Roplansky, argued the local law and stipulation are subject to legal challenge and therefore do not constitute a final, nonappealable determination. Roplansky noted that multiple petitions and hybrid Article 78 proceedings challenging Local Law No. 1 and the stipulation are pending in Dutchess County Supreme Court, and he urged the ZBA to uphold its original requirement until court review is complete. “To date, there has been no final nonappealable decision permitting the application process for this facility to move forward,” Roplansky said in his submission to the board.

Speakers for and against passage addressed the board during a long public hearing. Supporters included Mike Oates, president and CEO of the Hudson Valley Economic Development Corporation, who described regional economic benefits and urged expedited review by the planning board. Several residents and business owners — including Wendy Maitland, who said she represented parties who had looked at the site and preferred the current proposal to dense residential development — also spoke in favor. Opponents and resident-intervenors urged caution, highlighted pending litigation and argued Hyde Park’s local law was enacted after litigation and may be subject to reversal.

Town attorney Shane Egan advised the board on the difference between a decision that is nonappealable and one that is nonchallengeable, and he noted there is an active court challenge (a hybrid Article 78/declaratory judgment action) pending that seeks to annul Local Law No. 1 and the stipulation. Egan observed that the July stipulation was served with notice of entry and that a number of the Hyde Park administrative rulings identified in the ZBA’s June 2024 resolution have been nullified by the local law or addressed by the stipulation, but he also said the board must decide whether its original language required a court‑final, unchallengeable outcome or merely the practical restoration of legal access.

After public comment and attorney presentations, the board voted to close the public hearing, convene an executive session to consider attorney-client work product and pending litigation, and revisit the issue at a special meeting tentatively set for Sept. 18 at 6:30 p.m. The board said it did not expect to make a final determination the same night and emphasized the matter raises primarily a legal interpretation of the ZBA’s prior condition rather than a policy judgment about the project’s merits.

","mediaType","Video","parentTitle","8 28 2025 ZBA Meeting, Town of Clinton, NY","oneSentenceSummary","The Town of Clinton Zoning Board of Appeals held a lengthy public hearing and received legal briefing on whether Hyde Park’s Local Law No. 1 of 2025 and a court‑so‑ordered stipulation satisfy a ZBA condition requiring a “final nonappealable decision” on road access to a proposed CECNY conference center; the board took no decision and will reconsider the issue after further review.","taxTitle","Clinton, Oneida County, New York","taxId",54267,"location","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6479713,"Clinton ZBA grants area variance to recognize existing dwelling at 4 Old Bulls Head Road",919,61000,980000,"/Search/View?dp=1&key=5692216-a868c8dfb8014c1396f420fee88afe79&start=61&end=980","https://assets.pipeline.soar.com/5692216-a868c8dfb8014c1396f420fee88afe79/thumbnail_61000.jpg","/articles/6479713/Clinton/Oneida-County/New-York/Clinton-ZBA-grants-area-variance-to-recognize-existing-dwelling-at-4-Old-Bulls-Head-Road","https://secure.pipeline.soar.com/6479713-6f8190c9445f62b645a66d9c4736b143/orig.mp4?Expires=1770497731&Signature=MXo1k9e2eSgpTHVpTJwSadJ4I9bFi~VYmLkPLjHUL2UoACsOOZamQiOAo~Uj4H1tnPdG516cb7Ott~T1eZ5vZvYUh9AzvYDEMt~9FjPRLBXXwox4OMAFRTZS6jdrD0g8W5x~vv8GZRFd0fhH8zHevnBBB4JKMUI5c5w70IldgJtBTf5kocStbINS9R2dVtWAJIltpqbDxyGNthGJ5-yD~TWq9ZvwrXpwKGGkYCLppjH20DFjw8eoLjFj1lMtXA4GX~kuX5oMd0avymOFcMGelJpoyTiXR0ov2uJshXCPcoLT5n9LQMzzOkv~UAHLaT~Gs9vidH7s1L3vqESIGasLmQ__&Key-Pair-Id=KUT5TJCACFTXG","The Town of Clinton Zoning Board of Appeals voted to grant an area variance for a property at 4 Old Bulls Head Road, allowing an existing dwelling unit to remain 11 feet from the required 100-foot front-yard setback.

The board action recognizes an existing structure on the 23-acre property owned by John Paul Avital. The variance passed with the board’s conditions that county health-department approvals for septic and well be obtained before any certificate of occupancy; that no external alteration increase the nonconformity without a separate variance; and that a record restriction (covenant) be filed in the county clerk’s office limiting the variance to the existing structure.

The applicant, John Paul Avital, told the board he purchased the former Meserich/Katz chicken farm and is “in the process of trying to get it back to life.” Planning-board materials and the Land Conservancy staff, Avital and board members said, indicate the structure predates modern zoning and historically served as a dwelling. Town staff advised the board that although photographs and onsite evidence show prior residential use, there is no town or county record of a formal change of use.

Board members debated whether a variance was strictly necessary given the building’s age and pre‑existing nonconformity, and whether granting a variance for the existing structure would limit a future primary dwelling on the parcel. Town staff and board members clarified that the variance, as drafted and amended, would apply only to the existing dwelling and would not automatically prevent a future primary dwelling from being built in compliance with code. Ron Mostello, who presented the draft motion, noted the property is 23 acres and in an agricultural district and ridgeline protection overlay; he described the variance as “an insurance policy” that would reduce future title and permitting questions because the structure predated zoning.

Neighbors who spoke at the public hearing supported the variance. Kathleen Blake and Jeff Silverman, who live nearby, said Avital’s work has improved the neighborhood and that the 11-foot setback is preferable to the prior condition. Vincent Tien, another neighbor of more than four decades, also expressed support.

The board’s written motion cites Section 250 (attachment 2, bulk regulations) and lists the variance conditions: health‑department signoff on final septic and well approvals; no external alteration increasing the nonconformity without separate variance; and a recorded covenant limiting the variance to the existing structure. The board recorded the motion and approval in its minutes.

Next steps for the applicant include obtaining the Dutchess County Department of Health approvals the board required before issuance of any certificate of occupancy and filing the covenant in the county clerk’s office.

","The Town of Clinton Zoning Board of Appeals granted an area variance to allow an existing dwelling at 4 Old Bulls Head Road to remain 11 feet from the front property line instead of the required 100-foot setback, subject to health‑department approvals and a recorded restriction limiting the variance to the existing structure.","actionData","errors"]

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Clinton ZBA reopens question of road access for CECNY '6 Senses' project; no decision as litigation continues

Clinton ZBA grants area variance to recognize existing dwelling at 4 Old Bulls Head Road