Adirondack Council, Inc. v. Town of Clare
| Decision Date | 30 April 2021 |
| Docket Number | EFCV-20-158776 |
| Court | New York Supreme Court |
| Parties | ADIRONDACK COUNCIL, INC., Petitioner, v. TOWN OF CLARE, Respondent. |
Conboy, McKay, Bachman & Kendall, LLP (Scott B. Goldie, Esq., of counsel), attorneys for Petitioner.
Pease and Gustafson, LLP (Eric J. Gustafson, Esq., of counsel), attorneys for Respondent.
On July 8, 2020, Respondent Town of Clare ("Respondent" or "Town") enacted Local Law No 1, titled "Town Road ATV Use Law" ("ATV Use Law") (NYSCEF Doc. 23), designating Tooley Pond Road, a Town Road, open for all-terrain vehicle ("ATV") use. Petitioner Adirondack Council, Inc. ("Petitioner" or "Council") brings this hybrid NY C.P.L.R. Art. 78/Declaratory Judgment proceeding to nullify the ATV Use Law as not complying with New York Vehicle and Traffic Law ("VTL") § 2405 ; Article IX, § 2 of the New York State Constitution ("State Constitution"); and, the State Environmental Quality Review Act ("SEQRA") (Environmental Conservation Law ["ECL"] §§ 08-0101 to 8-0117 ). For the reasons which follow, the Court dismisses the Petition and declares the ATV Use Law to be valid.
Petitioner is a New York not-for-profit corporation. In its Verified Petition ("Petition") (NYSCEF Doc. 1), the Council alleges many of its members are users of the New York State Forest Preserve in the Adirondack Park, and some members own property and regularly use New York State forest lands in the Town of Clare. Petition at ¶ 3. With over 35,000 members, the Council asserts it is the "largest Citizen Environmental Group working full-time on Adirondack issues." Affidavit of Council Executive Director William C. Janeway ("Janeway") (Doc. 4) dated November 3, 2020 ("Janeway aff."), at ¶ 5. Respondent is a New York municipal corporation, located within the Adirondack Park Preserve in St. Lawrence County, New York ("County").
The Council commenced this hybrid proceeding on November 5, 2020, alleging the Town's ATV Use Law, enacted July 8, 2020, is null and void because the Town did not comply with (1) NY VTL § 2405 ; (2) Article IX, § 2 of the State Constitution ; and, (3) SEQRA. The Town contends this proceeding must be dismissed because the Council lacks standing. The Town further contends that, if standing is found, the ATV Use Law was properly enacted and satisfies SEQRA.
In 2012, the County completed a Generic Environmental Impact Statement ("GEIS") (Doc. 7) for a proposed County-wide multi-use recreational trail system ("Trail System"), which among other things, would provide trails for ATV use. The GEIS included as a proposed ATV trail segment the entire length of Tooley Pond Road within the Town. Tooley Pond Road runs through the Town for a distance of 10.75 miles from the Town of Clifton ("Clifton") Town Line to the Town of Russell ("Russell") Town Line. It is maintained by the Town and used by dump trucks, plows, skidders, logging trucks, cars, motorcycles, and pickup trucks. Affidavit of Town Supervisor Francis Sharpstene (Doc. 38) at ¶ 4. Snowmobile and ATV trails cross or abut it. Id.
The Town Board commenced a public hearing on the ATV Use Law on March 11, 2020, which was concluded July 8, 2020. Town Answer and Return ("Answer") (Doc. 17) at ¶¶ 28, 30. As now pertinent, the ATV Use Law divides Tooley Pond Road into two segments, separately designating each segment as open to ATV use. These segments are: (1) an approximately 4.1 mile segment from the Clifton Town Line to its intersection with the Allen Pond Connection Road and Trailhead ("Trailhead"); and, (2) an approximately 6.7 mile segment running from the Trailhead to the Russell Town Line. Id. at 25. An existing County ATV trail intersects Tooley Pond Road at the Trailhead. ATV use of Tooley Pond Road pursuant to the Town ATV Law also connects existing segments of the Trail System already open to ATV traffic. See Answer at ¶ 30.
The south branch of the Grasse1 River runs parallel to Tooley Pond Road. The DEC had purchased land for Forest Preserve directly adjacent to the Grasse River, which lies between the Grasse River and Tooley Pond Road. In considering the proposed ATV Use Law, the Town Board relied upon the affidavit of County Senior Civil Engineer Andrew E. Willard ("Willard") dated March 11, 2020 (included in Doc. 25 at pp. 6-9) ("Willard aff."). Willard averred both the Grasse River and the Forest Preserve land between it and Tooley Pond Road prevented ATV access to the Trailhead and trailhead areas. Willard aff. at ¶¶ 19-20; see Answer at ¶¶ 23, 25. Willard further stated:
Id. at ¶ 21 (capitalization in original; emphases added).
In addition to submitting his affidavit, Willard was also present and spoke at the Town's July 8, 2020, public hearing. See Hearing Transcript (Doc. 26), at pp. 2-7; Meeting Minutes (Doc. 24), at pg. 4.
In connection with the proposed ATV Use Law, the Town, acting as "Lead Agency" under SEQRA, retained the engineering firm of Barton & Loguidice -- which also assisted in preparation of the GEIS -- to assist it in completing the Town's Full Environmental Assessment ("Assessment"), with supporting documentation (Doc. 19). In pertinent part, the Assessment described the proposed Action as follows:
The Town of Clare is proposing to pass a local law that will allow [ATV] use on Tooley Pond Road within the Town, from the Town of Russell Town Line to an existing ATV Trail Head on Allen Pond Connection Road (approximately 4.1 miles), and from the Allen Pond Connection Road Trail Head to the Town of Clifton Town Line (approximately 6.7 miles). Id. at pp. 2, 29 (emphasis added).
The Assessment included a map showing the two segments of the Tooley Road as running from the Russell Town Line to an "[e]xisting St. Lawrence County ATV Trail Head at Allen Pond Connection Road", and from the Trailhead to the Clifton Town Line. Id. at pg. 40 (emphasis added).
The Assessment specifically addressed eighteen (18) separate, numbered subject areas for the proposed action, including: impacts on the natural setting (land, geological features, surface water, groundwater, flooding, air, plants, and animals) (id. at pp. 16-19, 30-32); impacts on aesthetic resources (id. at pp. 20, 33); impacts on open space and recreation (id. at pp. 21, 33); impacts on critical environmental areas (id. ); impacts on noise, odor and light (id. at pp. 22-23, 34); impacts on human health (id. at pp. 23, 35); consistency with community plans (id. at pp. 24, 35); and, consistency with community character (id. ). With respect to noise -- a particular concern of the Council (see Affidavit of Tom Langen ["Langen"] [Doc. 33], dated February 11, 2021 ["Langen aff."] at ¶ 3; Affidavit of Peter O'Shea ["O'Shea"] [Doc. 32] dated February 11, 2021 ["O'Shea aff."] at ¶¶ 4-5) -- the Assessment stated noise from ATV use will be similar to that of vehicles already using the Tooley Pond Road and that, although ATV would generate additional noise, that noise would be transient with each passing ATV. Assessment at pp. 22-23, 34. "In addition, ATVs would be required to utilize proper muffling and would only be allowed to travel on the existing developed roadway limits, at or below the designated speed limit." Id.
After reviewing all eighteen (18) subject areas, and considering the GEIS as a "supporting document", the Town determined that the ATV Use Law "will result in no significant environmental impacts to the environment, and, therefore, an environmental impact statement need not be prepared." Id. at pg. 26. As a result, on July 8, 2020, the Town Board, "based upon an examination of the [Assessment] and other available supporting information" and confirming that enactment of the ATV Use Law constituted an unlisted action, found and determined that proposed ATV Use Law "will not have a significant adverse environmental impact and will not require the preparation of a Draft Environmental Impact Statement." Id. Accordingly, "[a] negative declaration [was] issued." Id. ; see ‘Resolution of Town Board Determining that the Action to Execute the Town Road ATV Use Law is an Unlisted Action and Will Not Have a Significant Adverse Impact on the Environment’ (Doc. 6) at pg. 50. That same day, the Town Board enacted the ATV Use Law, finding the route to and from the Trailhead on Tooley Pond Road to be the "shortest and only possible route" connecting existing segments of the Trail system already open to ATV traffic (Doc. 23 at pg. 5).
The Council then commenced this hybrid proceeding by filing its Petition (Doc. 1) and Notice of Petition (Doc. 2). The Town submitted its Answer (Doc. 17) on January 3, 2021. The Petition was returnable during the COVID-19 pandemic, and no party has requested oral argument. Accordingly, the Court resolves this proceeding on submission of papers alone.
Three issues are before the Court. First, does the Council have standing to bring this hybrid proceeding? Second, did the Town enact the ATV Use Law in compliance with NY VTL § 2405 and Article IX, § 2 of the New York State Constitution ? Third, did the Town satisfy the requirements of SEQRA? For the reasons set forth below, the Court answers all of these questions in the affirmative.
Petitioner identifies itself as a New York not-for-profit corporation, many members of which "are users of the New York State Forest Preserve in the Adirondack Park and some [members] own property and regularly use the State Forest Lands in the Town of Clare." Petition at ¶ 3. In support, the Council...
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