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Summit Lake Conservation Group, LLC, PO Box 436, Philmont NY 12565

We have won two successive lawsuits to protect Summit Lake from an ill-conceived high-end housing development proposal by Clover Reach Partners (aka CB Design-Build). We will continue to advocate for Summit Lake and its wooded viewshed to remain intact for future generations to cherish.

In a decision issued October 16, 2023, Judge Richard Mott of Columbia Count Supreme Court sided with Summit Lake Conservation Group in its second Article 78 lawsuit challenging the development’s unsafe road design and potential negative impact on wildlife, community character, and Philmont’s unique historic assets.

The members of Summit Lake Conservation Group are devoted to our municipal lake and our community. We are working hard to revitalize Philmont without suburbanization and the kind of gentrification that threatens the rural quality of life throughout Columbia County and the Hudson Valley. Hundreds of people, near and far, have supported our efforts through donations and participation in our fundraisers.

UPDATE, 12/01/23 – Summit Lake Wins Again

Judge Richard Mott of Columbia County Supreme Court has thrown out the Planning Board’s second approval of “The Woods,” a 22-acre high-end housing development in the lake’s wooded viewshed. In a decision issued October 16, 2023, Judge Mott sided with Summit Lake Conservation Group in its second Article 78 lawsuit challenging the development’s unsafe design and potential negative impact on wildlife, community character, and Philmont’s unique historic assets.

Judge Mott’s decision upheld SLCG’s contention that the narrow, one-way loop road through the development failed to meet state fire code and was therefore unlawful. Residents in proximity to the development have repeatedly decried the road as a hazard in public hearings and comments. The 12-foot road—essentially the width of a driveway—is well below the state’s 20-foot minimum. The Village and Clover Reach Partners LLC, developers of “The Woods,” argued that Philmont’s volunteer fire chief had authority to reduce road width and selectively quoted from a July 2022 letter from the Department of State to support their assertion.

However, as SLCG’s legal team pointed out, local authorities are allowed to modify road width only when state code is inadequate. Judge Mott agreed and termed the 12-foot road “unauthorized by law.”

This enormous win will benefit all Philmont residents. The unsafe road put the entire community at risk in the case of fire or other emergencies requiring multiple mutual aid vehicles—including volunteer firefighters themselves.

In addition, Judge Mott sided with SLCG in declaring that, following his previous annulment of “The Woods” in January 2023, the Village was obligated under the New York State Environmental Quality Review Act (SEQRA) to start the review process from scratch.

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UPDATE, 10/15/23 – A Benefit for Summit Lake

“A Benefit for Summit Lake” on November 12 at 7 pm at the Avalon Lounge in Catskill. Tickets are $25 and available at https://givebutter.com/91RBnd.

The evening features an eclectic mix of local and world-renown musicians: Catskill fiddler Greg Farley; indie-pop craftsman Philip Goth; esteemed jazz and avant-garde pianist and composer John Medeski; and Red Hook’s “Armenian Cowgirl,” Laura Zarougian, with her band Little Tree.

100% of ticket proceeds will go toward Summit Lake Conservation Group’s legal defense of Summit Lake and its fragile, ecologically rich habitats

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UPDATE, 6/8/23 – Summit Lake Conservation Group Files Second Article 78 Lawsuit

On May 24, 2023 Summit Lake Conservation Group, with the support of local environmental organizations, filed a second Article 78 lawsuit against the Philmont Planning Board, Board of Trustees and Clover Reach Partners LLC (aka Claverack Builders) seeking to overturn the Planning Board’s April 18 approval of “The Woods” high-end housing subdivision.

Our first Article 78 petition in the fall of 2022 successfully overturned the Planning Board’s previous approval of “The Woods.” The new lawsuit charges that the Planning Board once again failed to follow New York’s State Environmental Quality Review Act (SEQRA) in approving the development without concern for wildlife habitats, threatened and endangered species, and community character as described in Philmont’s BOA plan and Local Waterfront Revitalization Program plan.

SEQRA requires planning boards to take a “hard look” at potential environmental impacts of development. Despite an abundance of evidence of the rich wildlife on and around the proposed development site, the fragility of the steep, wooded eco-terrain above Summit Lake, and the potential for runoff to contaminate and harm the Agawamuck Creek watershed, no studies or assessments have been conducted or even asked for in relation to the development.

The only change Clover Reach made in response to the judge's order in January 2023 was to increase the right-of-way around its one-way loop road from 33’ to 50’--enough to accommodate a full-width road, should the village eventually decide one is needed. This essentially kicks the cost of widening the road onto village taxpayers and skirts the responsibility of supplying accurate visual simulations to reflect the increased grading and added tree removal required to accommodate a road safe enough for multiple emergency vehicles.

Clover Reach increased the right-of-way dedicated to the village without actually widening the 12-foot road, which fails to meet state code. The Planning Board disregarded dozens of letters and public comments which decried the one-way loop road as unsafe.

SLCG is committed to fighting this ill-advised development, which threatens our community and treasured natural resources, for as long as it takes. We are pleased and proud to accept the support of the Sierra Club’s Mid-Hudson Group in this new phase of the battle for Summit Lake!

We hope you will consider making a donation to help towards the legal fees to keep the fight going in the Columbia County Supreme Court.

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Update, 3/6/23 – On February 21, Clover Reach Partners—aka Claverack Builders—presented a revised site plan for “The Woods,” a subdivision of 16 high-end houses on the steep hillside above Summit Lake. The revised plan showed slight improvements to driveway grades, bringing all below 15%, and a two-way loop road that meets state code. In a bizarre twist, Clover Reach then told the Philmont Planning Board to ignore the revised plan and return to the narrow, one-way loop road, explaining that bringing the road up to state code would be more expensive to build, require substantially more tree cutting and drainage, and cut back the “conservation” area, aka traffic median, inside the loop road.

Clover Reach faced withering questioning from Planning Board member Tom Paino, who repeatedly called the narrow road unsafe and unable to handle multiple mutual aid vehicles in the event of an emergency. He also objected to Clover Reach’s “covenants,” or agreements between the developers and home buyers, which the Village would be liable to police and enforce. The covenants, for example, allow homeowners to cut up to 50% of mature trees and 100% of smaller trees, effectively destroying the viewshed above Summit Lake and decimating bird and wildlife habitat. However, Planning Board chair Robert Macfarlane ignored Paino’s objections, and along with the other four members of the board, moved the “new” old proposal toward a public hearing on March 20.

Summit Lake Conservation Group will continue to fight this unsafe and ill-advised plan, which we will have a permanent negative environmental impact on the lake and forever transform the rural heart and nature of our Village.

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Breaking News! 1/18/23 – Summit Lake wins in court! Judge sides with Summit Lake Conservation Group and overturns Philmont Planning Board’s approval of The Woods!

More than 50 people donated to our campaign in our first week. JOIN THE FIGHT! Summit Lake needs your help more than ever!

On January 13, 2023, the Hon. Richard Mott in Columbia County Supreme Court granted Summit Lake Conservation Group’s petition (Summit Lake Conservation Group v Village of Philmont & Clover Reach Partners LLC) to overturn the Philmont Planning Board’s approval of the ill-conceived “The Woods” housing development on fragile, steep, wooded terrain above Summit Lake. Judge Mott’s decision annulled the approval resolution and remanded the matter back to the Planning Board for further environmental review.

This is an ENORMOUS WIN for Summit Lake, its wildlife and community. But this is just the beginning.

Your support will ensure that we KEEP WINNING WITH YOU!

The Judge agreed with SLCG’s lawsuit (see below) that the Planning Board failed to follow proper procedural steps when it approved The Woods; violated New York’s State Environmental Quality Review (SEQR) Act; and was in conflict with New York State’s fire safety code. The judge’s decision annuls the development’s one-way loop road and the Village’s approval of restrictive covenants that allow additional tree cutting by future property owners. These covenants increase the percentage of trees destined for felling and the overall loss of wildlife habitat.

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Summit Lake, a historic waterway in the heart of Columbia County, NY, needs your help.

On August 2, 2022, the Philmont Planning Board approved the Woods Subdivision, a housing development of 16 high-end homes on 22 sensitive, wooded acres above the lake. If built, this development will result in the destruction of viewshed, loss of tree cover and habitat, stress on our already climate-challenged local environment and permanent degradation of a treasured public resource—a lake which for generations has provided recreational opportunities and a natural respite to Philmont residents and visitors.

Summit Lake Conservation Group sued the Village of Philmont, its Trustees, the Planning Board, and Clover Reach Partners, LLC to reverse the approval of the Woods development. We are neighbors and village property owners working together to preserve and protect Summit Lake, for present and future generations. The lawsuit, filed on 9/2/22, addressed the many points of failure by our village government to protect the well-being of our village, its natural assets, and its residents: failure to listen to its citizens and acknowledge long-term approved community planning, failure to enact adequate fire-safety precautions, failure to retain access to treasured nature trails, and failure to abide by the state level environmental review process.

The Lake Needs a Lawyer! Our campaign is raising funds to cover legal fees accrued in our Article 78 lawsuit, which asked Columbia County Supreme Court to overturn the Village of Philmont’s approval of the Woods. Our goal was to demand a full environmental review of the impacts of The Woods, as dictated by New York law, and an open and transparent hearing process with further opportunity for public comment. We demand that our village government work on behalf of all who love and enjoy Summit Lake, not just a for-profit developer who will essentially privatize the viewshed, at the expense of residents, wildlife and community character. We demand an equitable future for our town.

Join our fight! Your contributions to The Lake Needs a Lawyer will help preserve Summit Lake as a beautiful, historic, ecologically diverse resource for all to enjoy as we enter into the 2nd phase to defend Summit Lake, its viewshed, and its natural habitats. The law firm of Whiteman Osterman & Hanna LLP, representing Summit Lake Conservation Group, will be at our side.

Judge Mott’s decision on 1/14/23 annulled the approval resolution and remanded the matter back to the Planning Board for further environmental review. This involves Summit Lake Conservation Group attending all Planning Board meetings when Clover Reach Partners, LLC re-submit the Court ordered site plan to address the NY State code requirements for the one-way loop road, and the Restricted Covenants that were premature to be approved by the Planning Board.

Why does the lake need a lawyer?

Our lawsuit filed on 9/2/2022 charged that the approval of the Woods housing development violated New York's State Environmental Quality Review (SEQR) Act. The 1/14/23 Court decision to annul the approval by the Planning Board of the ill-conceived housing development was based on those violations of the required SEQR review process. The following five points summarize the Article 78 Petition claims against the Philmont Planning Board, the Village of Philmont, and Clover Reach Partners, LLC., all of which will be subject to further scrutiny when the housing development returns to the Planning Board for further environmental review.

1. Hazard to Human Life

Philmont’s Planning board approved the Woods with a narrow one-way loop road that violated New York State’s fire safety code. In the case of a fire or natural disaster, first responders will have limited access to houses in the development due to the narrow road; emergency vehicles could potentially trap residents needing to flee. The Philmont Planning board approved this variance when limited public information was available. In addition, driveway grades for nearly all the homes exceed state code, due to the steep terrain above Summit Lake.

2. Adverse changes to the environment.

Building the Woods means felling more than 50% of mature trees on the 22-acre site above the lake and up to 100% of smaller trees, irrevocably altering the viewshed and decimating wildlife habitat. This deforestation could result in greater runoff into the lake, further degrading water quality and the fragile eco-stability of the many systems in and around it. The construction of 16 high-end homes means significant regrading of a steep hillside, road building, heavy equipment, extending the town sewer line–myriad disruptions to what is currently a natural environment.

In addition, the developers of the Woods proposed rerouting a public nature trail, the Joshua Essig trail, which currently winds through pristine woods and meadows, through the housing development. The Essig Trail was created as a community-based summer workforce project in 2010 and currently leads to a boy scout dock constructed in a peaceful and shaded cove of the Lake.

3. Creating a Conflict with Adopted Community Plans

In 2019, after years of work on the community level, Philmont won designation as a New York State Brownfield Opportunity Area. New York State’s Brownfield Opportunity Area (BOA) program provides communities grant-funding and technical assistance for area-wide, community-based plans to redevelop brownfields and other vacant and abandoned sites, transforming them into properties that facilitate community investment and improvement.

Summit Lake is the centerpiece of Philmont’s BOA plans for revitalization. The core of Philmont’s BOA, Summit Lake encapsulates the Village’s rich industrial history of innovative water-power engineering. The BOA boundary description makes explicit mention of the importance of the Summit Lake viewshed, i.e. the hillside Clover Reach wants to develop: “The southeast quadrant of the study area is principally defined by the steep sloped areas that border Summit Lake. This area was incorporated for both its special visual character and the need to protect the hillside from deforestation.”

4. Reduction of Wildlife Habitat

Clover Reach misled the Planning Board and public by submitting an auto-generated letter from the US Fish & Wildlife Service website regarding the need for Endangered Species studies to be conducted. Contrary to what Clover Reach told the Planning Board, the US Fish & Wildlife Service letter provided the guide for 7 environmental steps to be taken to ensure the Northern Long-eared bat is not roosting in the 60-80 % of trees proposed for felling. This habitat fragile animal is classified as an Endangered Species.

….."The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project."

The Save The Lake Lawsuit asked the court to direct Clover Reach to perform the necessary field studies.

Summit Lake provides residents of and visitors to Philmont with an astonishing natural resource just steps off Main Street. Bald eagles, osprey and kingfishers are regular seasonal inhabitants. Numerous native aquatic plants line the shores, and flowers like Dutchman’s Breeches and Jack-in-the-Pulpit are found in the woods. Butterflies, dragonflies and damselflies are abundant; largemouth bass and perch thrive. The deforestation of the hillside above the Lake, to accommodate the Clover Reach Development, will not only impact trees, flowers and wildlife; it will deprive the town of the peace and beauty of a natural area currently accessible to all.

5. Impairment of Community Character

The Village Board turned their backs on the well-traveled Joshua Essig Trail by capitulating to the Clover Reach Partners, LLC when they threatened a lawsuit unless the Village supported relocating this trail to run through the development. Their reason for moving the trail: it was too near Lot 16 and would negatively impact its high-end sale.

Both the Village of Philmont and Clover Reach Partners, LLC acknowledge the Joshua Essig Trail has been used by the public since the 1980s. Indeed, the Village admits that “It was completed with Village Board approval as it provided access to a dock at the reservoir.” During that time, the Village has maintained the trail and advertised the trail as a means of accessing Summit Lake. In fact, The Village identified the trail as one of its “environmental and recreational assets” in its BOA Nomination. And more recently in 2022, the Village has sought and received grant funding from a Municipal Grant program administered by Columbia Land Conservancy to maintain the trail.

However, when put to the test, the Village failed its public duty to protect the trail. Clover Reach Partners, LLC, will relocate the trail, vastly diminishing the length of the trail by running it through the traffic median at the center of the housing development. The resulting trail will lack the canopy of trees and the native plants that contributed to its beauty.

For more information about the lawsuit, visit our website.

Or read the Article 78 petition here

Media Coverage:

"Not On Our Lake: Housing Development Draws Opposition in Philmont" (Times Union, 12/1/23)

"Independent Environmental Review Demanded for Homes" (Register Star, (3/28/23)

"Developer Ordered to Resubmit Proposal" (Register Star, 3/1/23)

"Bizarre Night at Philmont Planning Board" (IMBY, 2/24/23)

"Clover Reach Can Look Forward to Another Lawsuit" (IMBY, 2/23/23)

"Why I'm Fighting a High-End Housing Development in Philmont (Part 1)" (IMBY, 2/6/23)

"Why I'm Fighting a High-End Housing Development in Philmont (Part 2)" (IMBY, 2/7/23)

"Why I'm Fighting a High-End Housing Development in Philmont (Part 3)" (IMBY, 2/8/23)

"The Lake Needs a Lawyer Fundraiser" (Register Star, 1/19/23)

"Summit Lake Wins in Court!" (IMBY, 1/18/23)

"The Lake Needs A Lawyer" (IMBY, 1/12/23)

The Lake Needs a Lawyer

By Summit Lake Conservation Group, LLC

The Lake Needs a Lawyer

Help Protect the Heart of Philmont

Team Members