GLOVERSVILLE - The city's insurance carrier will not cover the costs related to the Fulton County YMCA's lawsuit against the Zoning Board of Appeals.
In a letter sent to the city, New York Municipal Insurance Reciprocal said under the policy issued to the city, the matter is not covered because the YMCA is not seeking damages.
The YMCA filed its lawsuit in state Supreme Court in June, asking the court to overturn the board's decision regarding a proposed expansion of the YMCA's East Fulton Street facility.
The state-funded $3.5 million YMCA project would add 30 beds for the low-income residential program in the building, bringing the number of beds to 53.
At its May meeting, the ZBA voted 4-2 that Gloversville Building Inspector D. Robert Robbins made an error when he determined the proposed use of the second floor of the YMCA at 19 E. Fulton St. should be classified as a hotel.
According to a copy of the board's decision, the majority felt, "... the purposed use as described in the YMCA's application to New York state for funding does not describe what was intended by the Common Council at the time it adopted the definitions in the zoning ordinance, to be a hotel."
In addition to overturning the board's decision, the YMCA is asking the court to determine that its project "...meets the definition of a 'hotel' and is allowable in a commercial zone under the applicable zoning code," according to court documents.
City Attorney John Clo said this morning because NYMIR will not cover the costs, the city will pay for its attorneys.
The Common Council last week approved hiring the Albany-based law firm of Murphy, Burns, Barber & Murphy to represent the city. The firm's services will cost the city $150 per hour.
Peter G. Barber, the attorney working for the city on the case, could not be reached for comment.
While the lawsuit initially was filed in state Supreme Court in Fulton County and assigned to Fulton County Judge Richard C. Giardino, it is now being handled by state Supreme Court Justice Joseph M. Sise in Montgomery County.
Tom Bell, a court attorney who works for Giardino, said Giardino recused himself from the case.
Bell is a former member of the YMCA Board of Directors and was involved in the planning for the expanded facility.
Giardino decided that because Bell is a member of his staff, it would be best for another judge to handle the case to avoid the appearance of impropriety.
Charles M. Clark, principal clerk to Sise, said both sides in the case will have until 9:30 a.m. July 21 to turn in their petitions. After reviewing the case, Sise could issue a ruling or request more information, Clark said.
In a letter to the Common Council, Clo said, "While expressing no opinion regarding the ZBA's opinion itself, I can advise that, having attended the meeting, the Zoning Board reached a well-discussed, well-reasoned decision. Just because an applicant disagrees with the board's decision does not make the decision incorrect."
The YMCA is taking exception with not only the board's decision, but how it made its determination.
In the court documents filed by the YMCA, it contends the ZBA failed to obey the city code in issuing a decision.
Rodney Minor covers Gloversville news. He can be reached at gloversville@leaderherald.com.