Neighbor challenges Primo Sports approval
By Edie Johnson
CHESTER — A former Chester farmer is challenging the planning board's decision to approve a major new sports complex across the street from his property.
Leonard Germain, whose property is across from the proposed $10.6 million Primo Sports complex on Route 94, has brought an Article 78 lawsuit against the Town of Chester Planning Board. Any citizen who disagrees with an agency's decision may appeal the decision to the New York courts by bringing what is called an “Article 78 Proceeding.”
Attorney Michael Sussman of Chester is representing Germain.
Several years ago, Alex Kocot of Chill Factor Cooling, LLC, had proposed building a warehouse for lettuce and other vegetable processing on the property.
Primo is being represented by Dominick Cordisco of Drake Loeb law firm in New Windsor.
"We definitely plan to continue our site work as planned in the interim," said Jim Lagarde, who,with Luca Spensieri, owns Primo Sports. He said the issue is really between Germain and the planning board.
Planning board Chair Don Serotta said his board had initially referred the project to the Zoning Board of Appeals because its size exceeded what is usually permitted in a Suburban/Residential zone.
The project was allowed to progress after the owners made numerous changes to the plans, negotiated over nearly two years, to lessen the facility's impact on neighbors.
Back in May, neighbors objected that the ZBA granted Primo Sports a variance in executive session, out of the public eye, and never explained its reasons. The variance allows Primo Sports to build on a smaller parcel than normally allowed for a project of its size because it would be operating on a membership basis. Residents said the ZBA never explained why this "membership community" does not qualify as a "business enterprise."
Lagarde and Spensieri own the Primo Sports in the Village of Florida, which they say they've outgrown.
"Neighbors challenge Primo Sports' new plans": http://bit.ly/1RnWQCI
Editor's note: This article has been updated to provide the correct party that planned the vegetable processing warehouse, which was incorrect in the original article; and to identify Lenny Germain as a former farmer, not a current one, as the original article mistakenly stated.