Thank you so much to all community members who have donated!! The amount listed here is a portion of the total raised (including check donations).  To learn more, including details about the 7 requests that were denied, please visit our website at www.stopheartwood.org 

Why donate and what the money will be used for:

The Friends of Gardiner group has hired the Law Offices of David Gordon to represent the interests of members of the Gardiner community.  The Town Board and Planning Board unfortunately seem to be beholden to the interests of out-of-town, deep-pocketed NYC real estate speculators. They have repeatedly ignored the input and real concerns of the tax-paying residents of our town, thus placing the future of our neighborhood and community in jeopardy.  The issuance of a Special Permit to the Heartwood developers by the Planning Board occurred recently, which means going to court and filing  an Article 78 Lawsuit is the only option.   We are asking the community for assistance in funding.  We will need legal fees, administrative costs, experts and filing fees.  We have enough to get started, but are short of our goal.  Grounds for the lawsuit include:

Gardiner Zoning Code issues that are violated by the Special Permit

Building Scale (220-11): allows a maximum footprint for non-residential structures of 6,000 sq. feet in total in an RA district.  All told, this project’s non-residential structures total over 13,500 square feet.
Inadequate Stream Buffer Setback (220-35/220-74): miscalculates the slope of the riverbank when used to determine the setback and ignores town recommendations for environmentally adequate setbacks from the Shawankunk Kill, especially with regards to the placement of the “Eco-friendly” cabins above the Kill.
Restaurant Usage (220-10) for this project is prohibited, as Heartwood does not satisfy the criteria for its allowance as noted in the code in an RA district.
There are additional problems with regards to the SEQRA process:

Conservation Parcel request by applicant contravenes the SEQRA review done by the town in May 2018 (and was never given a Public Hearing).
Proposed Storm-water Pollution Prevention Plan (as submitted by Heartwood) brings a minimum of 9.8 acres of site disturbance, exceeding the allowable 5.5 acres approved by the Town in their Negative Declaration of Environmental Impact.
SEQRA review failed to take into account day visitors for Special Events and thus does not adequately reflect reality.
The Planning Board has not made the necessary factual findings required to support a special permit:

Violation of 220-40 in terms of proposed noise levels (which must not exceed those of a residential sub-division), as no proof of this comparison was given.
A property given a special use permit can have no more off-site impact than what is allowed as a matter of right.  This balances the the rights of all property owners in the Town.
Property values code (220-63) in particular has no town-provided documentation other than a general statement that our property values will not be affected by this development.  Ask the people who live down the road near the Yogi Bear Campground how much their property values have been affected by over-development and over-reach of one property owner at the expense of another.
Notes:

Heartwood’s development is taking place on 2 of the most important environmental resources of Gardiner, the Shawangunk Kill River and the Shawangunk Kill River Corridor.  The Town’s Open Space and Master Plan calls for special conservation limits and set backs for these properties.  The Planning Board disregarded both documents.
The moratorium the Town Board passed excludes Heartwood.  It is inane that the impetus for the moratorium is not included.  That said, given the current composition of the Town Board, we would not hang any hopes that the revised Code will be any better.  In fact it could make things worse.
The lawsuit against Heartwood will set a big precedent as to how development in Gardiner goes forward in the future.  If you are concerned and want your property rights protected against out-of-town developers, please join our efforts.
Click here to see letter submitted to the Planning Board by, our attorney, Mr. Gordon’s office is available.

Here is what is most critical at this time:

For people who will potentially benefit from our lawsuit to step up and contribute to our legal expenses.  Please consider making a donation to offset the Legal/Attorney bills so Friends of Gardiner can continue to fight for reasonable, community-friendly development which follows the spirit and letter of the law.  This is a critical time for our fundraising due to the impending filing of the lawsuit.  Below is the address to send your contribution.  Any amount will help.
Please forward copies of any written communications that you have sent to Town/Planning Board or newspaper to [email redacted] so we can get them to our lawyer.
Summarize any verbal comments which you made to the Town/Planning Board during the public comment periods to the above email address.  Include as many specifics as you can remember.
The very generous contributions that have been submitted over the past week are a sure sign that many in the community are concerned. Any donation large or small is going toward this cause and very much needed.

Please make your check to Friends of Gardiner and mail it to:

Neil Rindlaub

31 Pure Honey Lane

Gardiner, NY 12525


THANK YOU!!