County attorney says Greens of Chester has water permit

Chester. County agrees with developer's view in conflict with the town over whether the Greens are in the clear to continue construction.

Oct 07 2019 | 12:40 AM

Orange County Attorney Langdon Chapman's office has confirmed that the Greens of Chester has a water permit, an issue at the center of a dispute between the town and the developer.

"In fact, plaintiff has a duly issued water system permit and no county-level impediment to obtain building permits from the Town of Chester to develop its property," states letter dated Sept. 20, 2019, to U.S. District Judge Cathy Seibel from Assistant Orange County Attorney Anthony F. Cardoso, written on Chapman's letterhead.

Cardoso further states, "In its settlement with the plaintiff's predecessor, the Town of Chester (not the County) guaranteed plaintiff sewer service."

As far as the county is concerned, the Greens is free and clear to move ahead installing water and sewer lines.

Recently, a state engineer said "changes in regulations and design standards along with the amount of growth that has taken place in Orange County" necessitated that more conditions be met to comply project approvals granted in 2002. The town building inspector is withholding house permits until this work is done.

But the builder, which is using the town for breach of contract, said the town is imposing an illegal delay in withholding permits.

The law firm Feerick Nugent MacCartney, which is representing the village of Chester in a lawsuit against BT Holdings, is also representing the town of Chester in a lawsuit against the Greens. Both the county attorney's office and Feerick Nugent MacCartney give no credence to claims of discrimination.