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ROTTERDAM
Firm suing over Sync land zoning
BY JUSTIN MASON Gazette Reporter

    A Galesi Group subsidiary has filed a lawsuit against Rotterdam and Sync Realty, claiming that town officials engaged in spot zoning when they approved a rezone of the former military housing complex off Duanesburg Road.
    Rotterdam Ventures claims the Town Board changed the Sync-owned property’s zoning from industrial to multi-family residential without conducting any of the necessary studies prescribed under state law. In addition, the company alleges the zone change contradicts the town’s comprehensive plan and doesn’t fit with the character of the surrounding area.
    “The comprehensive plan has consistently designated the area for light industrial uses and the rezoning is inconsistent with and contrary to decades of consistent planning and zoning designed to preserve the industrial character of the neighborhood surrounding the property,” attorney Jeffrey Baker stated in the 22-page challenge fi led in Schenectady County Supreme Court last month. “The zoning change was not calculated to benefit the community as a whole but adopted solely for the benefit of Sync without regard for any consideration proper to the Town Board’s exercise of its delegated zoning power.”
    Board members approved the rezoning of the eight-acre property in mid-April, despite the Schenectady County Planning Board, the Rotterdam Planning Commission and the town’s Comprehensive Plan Committee all recommending against the change. Prior to the approval, an attorney from the Galesi Group indicated the company would bring legal action if the zone change were granted for the property, which includes six apartment buildings, a two-story duplex townhouse and a singlefamily ranch-style residence.
    Andrew Brick, an attorney representing Sync in the case, scoffed at the lawsuit. He questioned why Rotterdam Ventures would claim the property is not suitable for multi-family residential uses when there are roughly a half-dozen occupied homes located on the Galesi-owned Rotterdam Corporate Park property at the end of Westcott Road.
    “It’s the most hypocritical lawsuit I’ve ever seen,” he said. “[The lawsuit] also fails to take into account that the property was never analyzed for comprehensive plan purposes because it was government-owned at the time.”
    Town Attorney Michael Godlewski said he’ll work with Sync’s attorneys to defend the case. He referred all other comments to Brick.
    “We will coordinate with our co-counsel to make sure a viable defense is put forth,” he said.
    David Buicko, Galesi’s chief operating officer, declined to comment.
    If the legal challenge is successful, Sync would be back where the company was in July 2008. For nearly two years, Sync rented apartments at the complex illegally, since it wasn’t zoned for residential uses.
    Sync outbid Galesi to purchase the property at auction for $1.92 million in April 2008. The purchase was followed by pair of unsucessful lawsuits Sync waged agains Galesi and the town.
    The first lawsuit was aimed at preventing Galesi from shutting off a sanitary sewer pipe running from the complex to the corporate park. In June 2009, the Appellate Division of the state Supreme Court upheld a lower court ruling in favor of Galesi. The complex is now connected to the town’s sanitary sewer.
    Sync filed another lawsuit against the town challenging the Zoning Board of Appeals’ decision that the military’s residential use of the property did not carry over when it was purchased at auction. A county Supreme Court judge upheld that decision during a ruling in October 2009, which compelled Sync to fi nally file a zone change application for the property later in the month.
    But the zone change application remained “dormant” from the time it was filed until February, according to the lawsuit. When a new Town Board took office, the application was revived and then hurried through the approval process without any environmental impact studies, the suit says. ....................>>>>.......................>>>>.....................http://www.dailygazette.net/De.....r01102&AppName=1

                 "We're going to hit the ground running!"  "We're going to run the Town like a business!"
                  

Like who didn't see this coming!!!

The way I see it....Sync and Galesi's motives are both questionable.

1. Sync started renting those buildings without a CO or a legal sewer hookup. BUT...they won the bid and are now legally hooked up to sewers.

2. Galesi is looking for a 'property grab' to expand their empire. BUT....they lost the bid.

It will be interesting to see these two duke it out in court, with the town caught in the middle!!

Poor MG, town attorney. He is WAY over his head now! No wonder he refers all comments to Brick.

Betcha GP wishes he was TA now. $$$$$!!! IMHO

its is ok a quick call to the nys assembly will provide the correct legal direction

At least the Democrats did not want to throw those families out onto the street.

The decision to allow Sync to get the rezone and then hook into the sewers was the morally correct
decision.    Shame on the Republicans for trying to throw those innocent families out of their homes -
just because they got some campaign dollars from a huge neighboring land owner.

Quoted from DemocraticVoiceOfReason

At least the Democrats did not want to throw those families out onto the street.

The decision to allow Sync to get the rezone and then hook into the sewers was the morally correct
decision.    Shame on the Republicans for trying to throw those innocent families out of their homes -
just because they got some campaign dollars from a huge neighboring land owner.

Sometimes innocent people get caught in the crossfire of politics and greed. That being the case here.

Galesi lost the bid fair and square. HOWEVER, Sync back doored everything in for a couple of years. Sync never had the proper zone change and still purged ahead. And he used his tenants as a shield that only the liberal socialists would fall for. It is done everyday, all over the country. The liberal socialists call it 'protecting innocent families'. The rest of the people know it for what it is.....A SCAM.........and rightfully so!

But it is what it is and the liberal socialists made the call.....now the courts can decide.

Quoted from DemocraticVoiceOfReason

At least the Democrats did not want to throw those families out onto the street.

The decision to allow Sync to get the rezone and then hook into the sewers was the morally correct
decision.    Shame on the Republicans for trying to throw those innocent families out of their homes -
just because they got some campaign dollars from a huge neighboring land owner.

Why not shame on the land owner for knowingly renting to families without disclosing the facts of the zoning dispute?  The landlord put innocent families at risk, then used them as pawns to get a zoning change.  That is truely shameful.

so how do you feel about foreign nationals purchasing american soil and then avoiding american rules and laws

and

ever have a septic tank pumped for a family of 4 say once every 3-5 years  -  cost $200

sewers rate per unit family of 4 $750/year

johnny not so smart is he?

he just keeps writing the checks to the town and the political party of his choice - got to keep that money clean

donald zee screwed him good but the deal went thru

But "now we can frush toilet"!!!!!

Quoted Text

“The comprehensive plan has consistently designated the area for light industrial uses and the rezoning is inconsistent with and contrary to decades of consistent planning and zoning designed to preserve the industrial character of the neighborhood surrounding the property,” attorney Jeffrey Baker stated in the 22-page challenge fi led in Schenectady County Supreme Court last month. “The zoning change was not calculated to benefit the community as a whole but adopted solely for the benefit of Sync without regard for any consideration proper to the Town Board’s exercise of its delegated zoning power.”

There's no such thing as a comprehensive plan in Rotterdam.  There may be something in writing as far as one, but the spot zoning has always been the way and always will be until change comes to Town Hall...and I don't mean the change we got with the last election.  It has to be changed to people who actually care about what happens in this town and to it's people.  Since I have been paying attention to local politics, it's always been "I'll do for you if you'll do for me."  This needs to end, QUICKLY.

Quoted from Kevin March

There's no such thing as a comprehensive plan in Rotterdam.  There may be something in writing as far as one, but the spot zoning has always been the way and always will be until change comes to Town Hall...and I don't mean the change we got with the last election.  It has to be changed to people who actually care about what happens in this town and to it's people.  Since I have been paying attention to local politics, it's always been "I'll do for you if you'll do for me."  This needs to end, QUICKLY.

only when they stop the engagements/marriages to each other.....very small group in this crowded family.....and the rest act all
important when name dropping.......

Quoted from Kevin March

There's no such thing as a comprehensive plan in Rotterdam.  There may be something in writing as far as one, but the spot zoning has always been the way and always will be until change comes to Town Hall...and I don't mean the change we got with the last election.  It has to be changed to people who actually care about what happens in this town and to it's people.  Since I have been paying attention to local politics, it's always been "I'll do for you if you'll do for me."  This needs to end, QUICKLY.

The GOP controlled the Town Board for 6 years and did NOTHING to adopt a revised
comprehensive plan.  

The Democrats controlled the town long b4 that and they did nothing back when Jimmy C made all the deals and things were settled a little on the shady side. Before Jimmy there was Kirvan in power no comp plan there either. Neither party has put together a responsible comp plan which is needed in order to stop all the spot zoning.

Quoted from DemocraticVoiceOfReason

The GOP controlled the Town Board for 6 years and did NOTHING to adopt a revised
comprehensive plan.  

And you must be very happy NOW that they didn't.  

Neither party wants to take the tool of the spot zone out of their political tool box.