Resident group files suit against Piermont over proposed apartment, development

A group of Piermont residents filed a lawsuit against the village alleging a lack of transparency and an unlawful approval of a village zone change that appeared to make way for a proposed three-story apartment complex downtown.

Members of the group Preserve Piermont, a community Facebook coalition that organized primarily to protest the development of an empty lot at 447-477 Piermont Ave. into a three-story apartment complex, filed the lawsuit on April 24 following weeks of tense planning board meetings and an escalation in frustration from village residents over the development of the property.

The lawsuit alleges that the 2023 decision to change the zoning of downtown Piermont from residential mixed-use to a commercial business mixed-use district was "designed to specifically accommodate the developer of these parcels of property," a group called Piermont Developers LLC.

The zone proposal was originally rejected by the Rockland County Planning Board because of what appeared to be "spot zoning" and environmental concerns. However, the village passed the law after they heard no response from the county after 30 days.

Brian Condon, the lawyer representing the residents of Piermont in the lawsuit, said the lawsuit is fighting the change of zone, which is void if the county does not recognize the law.

"While the residents oppose the project, that’s not really what we’re fighting right now. All we’re fighting is that they have to follow the rules like any other municipality in the state of New York to get what they want done and then you can address it accordingly," Condon said. "The residents are saying it was never done properly and the village is trying to ram this down their throats in a rush."

Preserve Piermont members say they used to be notified when any new businesses or developments were set to arrive in the village, but resident Janice Young, a plaintiff in the lawsuit, said she had no idea this development was even happening.

"When I first went to the board meetings, I wasn’t aware of this zone change. When I learned of this zone change, I was upset, and I think understandably so, because it appeared to me that virtually nobody knew about this zone change," Young said. "Most people can’t afford to attend these meetings. We have responsibilities, jobs, homes and families we need to take care of. I was sort of upset that they didn’t make a bigger effort to really get the public involved. So I wanted to make sure my voice along with those of my neighbors were heard."

Young said she's also concerned about flooding, parking and environmental protections with the land parcel.

According to Piermont Assistant Fire Chief Daniel Goswick, the lot in question was formerly a gas station in the 1940s and may have experienced soil contamination. The village is also home to several parks and close to the Hudson River, causing alarm over potential runoff during construction.

The lot at 447-477 Piermont Ave., a triangular lot across the street from Village Hall, was previously used as an overflow lot for many years for patrons of various restaurants on Piermont Avenue and the surrounding streets. However, village mayor Bruce Tucker said the lot should have "never been used as a parking lot" as it was private property.

On April 17, photos were shared to Preserve Piermont showing a fence had been put around the lot to prevent parking.

In the following days, trucks were seen on the property that appeared to belong to FDC Contracting, a Bergen County-based construction company owned by Frank DeCarlo, one of the owners of Piermont Developers LLC. His sister, Stephanie Pantale DeCarlo, is the lead architect of the proposed development.

Additional concerns were raised by residents about the legality of the zone change at an April 8 planning board meeting when Village of Piermont attorney Lino Sciaretta explained the reason the village went ahead with the change.

Sciaretta said the county typically has 30 days to approve any proposed change in zoning or other planning matters before the village can legally move forward with the proposed action. He said the village clerk sent out the zoning proposal in January 2023 and never got a response, allowing the village to successfully pass a local law in March 2023 that changed the zone to a mixed-use commercial business zone.

"With respect to the general municipal law, I believe that it’s been satisfied because of all it requires of us is to mail it. There’s no requirement that we have to follow up with the county," Sciaretta said at the meeting. "All you do is postmark, you put it in the mail, and if the county doesn’t respond in 30 days, it’s deemed waived.”

However, on April 26, Larrain Feiden, principal assistant attorney for Rockland County, sent a letter to Judge Hal Greenwald, noting their interest in the lawsuit brought forth by village residents.

"County Planning has not received any referrals from Piermont for the zoning change at issue since it was passed in 2023. As a result, the zoning change is of no effect," Feiden wrote. "The Village is mandated by law to send the zoning change to the County for review before it is final."

She went on to say that the county "would be happy to review" the proposed action if the village delivered a full statement and "wants to be heard" about its concerns with the zone change and requested a scheduled hearing.

Additionally, issues of possible conflict of interest regarding Sciaretta's involvement with the development were raised at the April 8 meeting. However, Condon said Sciaretta recused himself from representing the village in the lawsuit and outside counsel has been brought in.

Sciaretta's firm has formerly represented Phil Griffin, who owns several parcels of land in the village, including the lot in question and Flywheel Park. He said Griffin sold Piermont Developers LLC to current owners Craig Weis and Frank DeCarlo and is no longer involved in dealings regarding the property.

On April 29, the Village of Piermont announced that planning board chair and former neurosurgeon Daniel Spitzer resigned from his position on the board, which he had held for over 10 years.

Spitzer declined to comment on his resignation from the board.

The lawsuit is set for its first hearing Wednesday, May 8 before Judge Hal Greenwald in Rockland County Court.

This article originally appeared on Rockland/Westchester Journal News: Resident group files suit against Piermont over proposed apartment, development