WOODBOURNE — More than a year after the Town of Fallsburg settled a court case with YNHK LLC over illegal construction at a former horse farm on Rose Road, residents are raising alarm that activity on the property has resumed — in apparent violation of the court-ordered agreement.

Recently, at the property at 63–73 Rose Road, multiple vehicles were in the driveway and young children were near a fence watching cows in a small field.

According to town records, the site remains without the required site plan approvals, building permits, or certificates of occupancy mandated under the May 2024 settlement agreement.

Attorney Jonathan Kroll, representing YNHK LLC, said they are committed to following all local codes and regulations.

The original violations began in 2023, when the town discovered that YNHK had illegally converted a barn into a dormitory and constructed three additional buildings without permits or inspections. 

Fallsburg brought enforcement actions in both Town Justice Court and New York State Supreme Court, where the town looked to stop any further construction and occupancy on the site.

According to Gerald Skoda — a neighboring farmer and former zoning committee member who addressed the Fallsburg Town Board on July 15 — the owners “have again ignored and violated every provision of this settlement.”

“Starting about one month ago the owners moved back into the property,” Skoda wrote in an email to the Democrat. “There are many contractors working around the clock using light towers and a large generator… Families have moved into one house and major renovation is proceeding on both houses.”

He also reported large delivery trucks arriving daily and claimed the owners told a neighbor they plan to convert a former barn — previously used as an unpermitted dormitory — to house workers for other area camps. 

“They added a new 8-foot stockade fence to limit views and added three Jersey cows that are being underfed and stand by empty water troughs in 100-degree heat,” Skoda alleged.

A photo provided to the Democrat showed a calf being born in a hay pile — part of a batch of images sent by Kroll, who also issued a statement.

“We wanted to let everyone know that the property is currently being used as a farm, consistent with its legally intended use,” said Kroll. “Recently, a few of the farm’s cows gave birth — it’s been an exciting time! YNHK remains fully committed to following all local codes and regulations and continue to work closely with the town to ensure everything stays in line with community standards.”

Under the terms of the court-approved settlement, YNHK agreed not to reoccupy or use the property “for any use” until it applied for and received site plan and special permit approvals, building permits, and certificates of occupancy. The agreement, signed in May 2024 in New York State Supreme Court, further stated that all construction must be conducted by licensed contractors and undergo town inspection.

Fallsburg Supervisor Michael Bensimon, speaking at the July 15 town board meeting, said he pledged to act.

However, since that meeting, the Democrat has not received any follow-up from Bensimon or the town’s building department regarding enforcement action. Neither responded to requests for comment by presstime.

The Fallsburg planning board recently reviewed YNHK’s new proposal for a religious educational facility at least three times this year, starting with a presentation in March. 

According to meeting minutes, representatives for the developer—including attorneys, engineers, and an architect—requested approval for a school, dormitories, mikvah, pool, and associated buildings. 

Fallsburg Planning Board members repeatedly said that such uses are not permitted in the agricultural zone.

“You applied for permission to build a school… We are not allowed to do it,” said board member Arthur Rosenshein at the March 10 meeting, citing the town’s zoning code.

At the April 7 meeting, planning board members and legal counsel stated that prior violations do not exempt YNHK from following the rules moving forward. “If they have not done that, then that’s a real, current problem right now,” said attorney Steve Barshav.

At the June 12 meeting this year, Fallsburg Planning Board said the applicant had been removed from the agenda after failing to provide updated plans or required engineering reports. 

According to officials from the Fallsburg Planning Board minutes, no permits have been approved, and inspections of existing structures — including concerns over construction quality, electrical work, and septic placement — are still pending.

Skoda, who served as the executive director of Cornell Cooperative Extension of Sullivan County for 30 years, said the town’s response so far has been inadequate.

“The town owes it to its residents, taxpayers, and law-abiding citizens to enforce all laws and court orders equally,” he wrote. 

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