BY JIMMY LAWTONNorth Country This Week

OGDENSBURG — St. Lawrence County Supreme Court Judge Mary Farley has denied Step By Step Inc.’s Article 78 lawsuit seeking approval of its proposed housing project at 100 Ford Street, ruling the court challenge was premature because the City of Ogdensburg has not issued a final decision on the application.

The ruling leaves the proposed 100 Ford Street project in the city review process and Farley said Step By Step could pursue legal action if a final decision is issued.

The issue

During the June 18 virtual hearing Farley said she was denying the petition. The transcript was included alongside an order dismissing the special proceeding July 7.

The judge said the city still has an active site plan application before it and must complete its review after Step By Step provides a complete application.

The case centered on whether Step By Step’s application was automatically approved after the Planning Board allegedly failed to act within the 45-day period required under city code.

Step By Step argued that the city violated its own regulations by failing to approve or deny the project and asked the court to declare the application approved by operation of law, invalidate the referral to the Zoning Board of Appeals, and overturn the city’s interpretation of zoning regulations.

The proposed project would replace the vacant commercial building at 100 Ford St. with two residential facilities serving individuals with mental illness. One building would contain 20 studio apartments and operate as an Office of Mental Health-licensed facility, while the second would contain 14 bedrooms for short-term care and hospital-diversion services.

The arguments

During the hearing, Farley questioned whether Step By Step had submitted a complete application that required the city to issue a final decision.

The judge questioned why the court record did not contain a clearly identifiable final application showing all required materials had been submitted.

Farley pointed to inconsistencies in the record, including differences between a signed application submitted by Step By Step and an unsigned version contained in the city’s certified records. She also questioned whether required materials, including signatures, copies and other application requirements, had been provided.

Step By Step attorney Carlo de Oliveira argued that the city’s actions showed officials had treated the application as complete, pointing to its referral to the St. Lawrence County Planning Board and the placement of the project on the Planning Board’s April 7 agenda.

De Oliveira argued the city could not later claim the application was incomplete after allowing it to proceed through multiple stages of review.

The city argued the application remained incomplete and that discussions between city officials and Step By Step representatives showed outstanding issues still needed to be resolved.

City attorney Scott Goldie said officials were attempting to work through those issues before a final determination was made.

Farley rejected the argument that the application should be considered complete simply because it had been forwarded to other agencies.

“I don’t buy the arguments that I need to deem it completed because it went in all these other places,” Farley said.

The judge also addressed the dispute over the project’s classification under the city zoning code.

City officials previously determined that Step By Step’s proposed use did not qualify as a nonprofit service organization under the city’s Residential/Business Mixed Use zoning district and referred the matter to the Zoning Board of Appeals.

Step By Step argued that interpretation was incorrect and that the project qualified as a permitted nonprofit service use.

Decision

Farley said that issue could be addressed later if the city issues a final determination denying the application and Step By Step chooses to appeal.

“If the city was to deny it, then it’s up to your clients to go to the ZBA and appeal the determination,” Farley said.

The judge said she expected the city to continue the review process once a complete application is before it.

“I fully expect the city to discharge its duties to make a determination on a completed application and to work with Step by Step to get a completed application before it,” Farley said.