New museum wins round in court

Staff Writer

April 29, 2008 04:00 am

— 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.
"I'm very pleased it was settled in our favor at minimal expense to the taxpayers," he said. "I thought the (review) board did their due diligence, and the decision by the court proved it to be true. I hope the museum can get organized and get started."
Jim Brooks, attorney for the Adirondack Museum, said only "the museum is very pleased."
North Elba Town Attorney Ron Briggs believes West will appeal the decision.
West did not return repeated phone calls to his Albany office Monday.
"It's a very well-reasoned decision, affirming everything the JRB did, and it is highly unlikely the Appellate Division will upset Judge Dawson's decision and order," Briggs said. "Finding a letter of law against the lengthy Review Board process will prove difficult. Arbitrary and capricious' is a very high standard, and this project has one of the most exhaustive records the JRB has ever compiled."
Lake Placid Mayor Jamie Rogers was happy the decision backed the work of the Joint Review Board.
"I'm pleased for the community by the judge's decision. The board and the community spent a long time reviewing this."
Museum officials have indicated the Lake Placid branch of the Adirondack Museum will likely begin construction next year.
The project will begin with the demolition of the stone church located at the museum site on Main Street.
kdedam@pressrepublican.com