ZBA: Not permitted

Some Quarry Road residents reported they did not attend the meeting because some television news stations reported everything at the town of Sullivan was cancelled. Resident Robert Shoemaker said everyone he talked to failed to attend for another reason.

"We were told at the last ZBA meeting that the matter was in a holding pattern, and nothing was going to happen until there was a decision from Judge Dowd," Shoemaker said. "As homeowners, we have tried to be as proactive as possible in this matter. We never had any idea this was going to happen because we thought we were waiting for the judge."

Becker said the ZBA's decision closes a loophole in what he says is vaguely written code that has dogged the town for several years now. He said the move ensures the matter will never return to the ZBA.

If the applicants still want the quarry, Becker said, they will have to come before the town council to request a zone change in order to pursue the project.

Longstreet said he is incredulous at the chain of events. He said he was unsure what their next course of action would be.

"I honestly don't know," Longstreet said Saturday. "They don't decide on time. They have no idea direction. They do what they want to do. They don't obey court orders. I have no faith or confidence in the boards in that town or the supervisor."

Longstreet's firm filed a second Article 78 petition Dec. 31. The suit challenges Local Law No. 6 of 2008. (See companion story.)

Longstreet seemed exasperated by the process to date.

"Two knowledgeable [ZBA] members are gone," Longstreet said. "The new guy didn't have the [correct, up-to-date] law. We were deprived of the right to have someone knowledgeable in a position to hear case. It was done again in a quick fashion to make the decision before the judge saw it."

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