Published April 28, 2008 10:00 pm - Neighbor's legal challenge against the Lake Placid Branch of the Adirondack Museum dismissed.
New museum wins round in court
Staff Writer
Review Board's deliberations in Placid case deemed appropritate
By KIM SMITH DEDAM
LAKE PLACID -- State Supreme Court has dismissed the Article 78 lawsuit challenging the Adirondack Museum building permit.
Tom West, an attorney from Albany who owns a vacation home adjoining the museum site, brought the Town of North Elba, the museum and the Lake Placid/North Elba Joint Review Board to court, saying they misconstrued zoning laws in approving the museum's modern design.
In contesting the project, West had provided images showing how the museum's wooden tower would obstruct the view from his back yard, which faces Mirror Lake.
Judge James P. Dawson upheld the permit and the process provisioned by the Joint Review Board.
"The petition is dismissed," Dawson said. "It is the JRB's responsibility to weigh the evidence and resolve any conflicts therein during the permit process."
DESIGN AT ISSUE
West alleged the design did not comply with aesthetic aspects of the zoning code.
The two-story modern building is designed in glass, with a tower of wooden beams built on a stone foundation, ultimately to become a monument to Verplanck Colvin, the legendary Adirondack surveyor.
West also alleged the museum design is not complementary to the site and disregards zoning height restrictions of 40 feet.
Similar challenges in months of public hearings were brought before the Joint Review Board, which approved the structure last December.
"The JRB's determination that the museum design complies with the height requirements of the regulations was entirely proper," Dawson wrote. "As all of the petitioners' contentions are without merit, the petition is dismissed."
APPEAL EXPECTED
Bill Hurley, chairman of the Joint Review Board, received the decision early Monday.