Four days earlier, the board voted 4-3 on a resolution to adopt the Town Board's positive SEQRA declaration and issue preliminary subdivision plat approval for the $100 million assisted living, medical office and retail complex proposed by DES Developers, LLC, for 22 acres located at the northeastern corner of Routes 299 and 9W.
In response to the failing vote, Highland Square attorney Jim Horan indicated that DES would consider filing an Article 78 Proceeding (an appeal of a fair hearing decision filed in New York State Supreme Court).
Article 78 became moot on Monday, as the board voted 5-0 to approve the previously rejected resolution, with conditions.
Carl Dilorenzo and Tom Ryan, who had voted "nay" on Thursday, were absent from the vote.
Dominick Martorana and Mark Tomann, who previously sided with Dilorenzo and Ryan, voted "aye."
The vote supports PUD laws developed by the Lloyd Town Board. The Town Board is lead agency in the PUD proceedings, and has issued its approval of the State Environmental Quality Review Act (SEQRA) findings, Draft Environmental Impact Statement (DEIS) and Final Environmental Impact Statement (FEIS).
The project has received approval and commendation from the Ulster County Planning Board (UCPB), said Supervisor Ray Costantino.
"[UCPB Chairman Dennis Doyle] congratulated the town and the developers on such a nice project... It's going to be the standard [for Ulster County]. This project has got everything: renewable smart-growth planning, [pedestrian-friendly] parking... pervious surfaces. We listened to the public, we took all their comments and we built it into SEQRA and the PUD law and the site plan approval," he said.
Costantino said he was pleased with the Planning Board's decision to revisit the resolution.
"It's nice to see everybody working together," he said.