- Jan 2019: The New York Court of Appeals denies BT Holdings latest court challenge to the Village of Chester's recently adopted single-family zoning amendment. Click below for latest story:
Developer loses zoning challenge
- June 2018: A state appeals court has dismissed a 2016 lawsuit that challenged a Village of Chester law allowing developer BT Holdings to build no more than 120 single-family homes on its 68 acres. Click below for latest story:
State appeals court upholds Chester zoning law
- July 2016: Village Board creates a new district for property called RESIDENTIAL-SINGLE FAMILY ZONING DISTRICT WITH INTERNET INCUBATOR TECHNOLOGY AND RESEARCH PARK OVERLAY, which limits future residential development to no more than 120 single family houses while encouraging business offices that can be approved by Special Permit by the Village Board of Trustees.
- Past news reported in The Chronicle paper:
Village to appeal court ruling in BT Holding case
Lawyers face off as they prepare for trial
Judge dismisses developer's zoning complaint
Three board members refused to take up motion to approve controversial zone change - See more at: Chester rejects all three zoning
- Developer Frank Nussbaum signaled his intention to sue the Village of Chester after the village board decided against the zoning he's long been seeking for his 340-unit condominium development, known as BT Holdings. - See more at:Developer sues Chester
The Village of Chester's board reconsiders zone proposal.
- The Village of Chester's board considers a rezone the land for the BT Holdings development by creating a new district that would both increase the number of allowed residences in the area and allow higher buildings. According to the village planning board, the creation of a new district, which they oppose, "may induce future developers to seek similar relaxations of District regulations in connection with projects...leading to inadvisable effect."
More can be found in The Chronicle: Zoning for annexed land considered
BT Holdings LLC proposed to annex approx. 60 acres of land in the Town of Chester to the Village of Chester and rezone that annexed property. Their original proposal was to build 358, 2-3 bedroom townhouses and 100, 1-2 bedroom senior apartments in two 3-story buildings. The site topography would require a building that may exceed the building height requirement. The project requires "zoning relief" which will come in the form of changes to the Village Zoning Code via local laws and/or variances granted by the Zoning Board of Appeals. Zoning relief will be pursued for the parking requirements, increase in the maximum number of senior rental units per building and an increase in the 35-foot height limit.
In May 2012 the Town of Chester denied annexation. According to the Town’s resolution ( ):
Town of Chester hereby denies the Petition for annexation of the noted BT Holdings, LLC land because:
- other than increasing the Village of Chester’s tax base, the annexation of the BT Holdings LLC property is not in the over-all public interest;
- the proposed project, as designed, is in conflict with the Town of Chester Zoning Code; and,
- the loss of significant revenue to the Town will result
The Village of Chester and BT Holdings filed a petition in court for annulment of the Town's resolution and denial for annexation.
In June 2013 the Town and Village agreed to allow the Village to annex the property: Border change will support condos
To view documents relating to the project including the final draft scope, go to Village website - click here.
To read the environmental impact studies, go to Developer's consultant website - click here.
To read the Town and Village SEQR finding statements, click below:
Multiple public hearings were conducted to give residents a chance to share their opinions about this project.
A public hearing was held on January 19, 2012. The Chronicle reported on this: No decision yet on town-to-village land annexation
Another hearing was conducted on January 7, 2010. The transcript of the public hearing is available as a PDF here. The transcript (labeled Appendix A) begins on page 159 of the PDF. The Preservation Collective comments, by a representative, begin on page 212 of the PDF (which is page 53 of the appendix) and go to page 222 (page 63 of the appendix). The representative corrected comment about the difference in parkland fee rates between Village and Town, which appears on page 226 (page 67 of the appendix), and made further comments on pages 237 to 239 (page 78 to 80 of the appendix). The organization also submitted additional comments in writing, which appear on the final pages of the PDF, from 248 to 254.
The Chronicle's report on this hearing: BT Holdings developer faces a doubting public.
A public scoping session took place on April 30, 2008. The Preservation Collective submitted comments in writing along with comments made in person by representative, which appear on page 55 here.
A joint public hearing before the Town and Village Board took place on March 26, 2008. These transcripts are available at the Chester Town Hall (not online).
Past Articles (including reader comments):