Bolstering an economy cannot be a justification for disregarding the law

To the Editor:

On Thursday, March 26, clear-cutting of trees began on the proposed Costco site of the Rapp Road Development Project by Pyramid Corp. This project, as is known, is currently under SEQR/DEIS [state environmental review/draft environmental impact statement] review by the Guilderland Planning Board.

Notice of this action, stated as in response to a notification from Pyramid Corp. was posted on the Planning Department webpage at 10:17 a.m. The tree cutting began at 7 a.m.

The rationale for this rush to cut, per the notice, was due to DEC [Department of Environmental Conservation] environmental regulations forbidding any such action commencing between April 1 and Oct. 31 due to the habitation during this period by a threatened species, the northern long-eared bat and classified status as protected land.

This action was in clear violation of DEC regulations which states: “A project sponsor may not commence any physical alteration related to an action until the provisions of SEQR have been complied with.” 6 NYCRR 617.3(a)

And more specifically states: “Physical alteration includes, but is not limited to, the following activities: vegetation removal, demolition, stockpiling materials, grading and other forms of earthwork, dumping, filling or depositing, discharges to air or water, excavation or trenching, application of pesticides, herbicides, or other chemicals, application of sewage sludge, dredging, flooding, draining or dewatering, paving, construction of buildings, structures or facilities, and extraction, injection or recharge of resources below ground.” 6 NYCRR 617.2(ac)

Pyramid acted with deliberate unlawful intent to avoid being subject to restrictions of environmental protection for this very site, which would commence in six days ...

This is precisely why this project has been compelled to undergo the SEQR/DEIS review process: To assess the environmental value of this land and how it will be impacted by the proposed development.

In a featured article in the Enterprise just two weeks ago, Guilderland Town Planner Ken Kovalchik voiced concerns about the placement of wind turbines in our community [“Planner wants to protect his parents and the town of Guilderland from too-close, towering wind turbines,” The Altamont Enterprise, March 19, 2020]. Among his stated issues would be the impact on bird and bat populations, with specific mention of the northern long-eared bat.

Where was that concern when the notification to destroy a thriving habitat for this threatened species came across the desk. If indeed, a clearly contradictory interpretation of the regulations was being offered, why did we not choose to err on the side of preservation?

To have sanctioned this action by Pyramid, not prohibited it when so notified, our town has for all intents and purposes been equally complicit in defying DEC regulations. Bolstering an economy cannot be a justification for disregarding the law.

By any appearance, this is a clear demonstration that the town of Guilderland is an unsuitable arbitrator for an impartial review on the disposition of this proposal. I do not know what body would have jurisdiction over recommendations on matters such as these, but I would strongly urge that the Guilderland Planning Board be removed from its current status as lead agency in determining the outcome of this proposal.

Iris Broyde

Guilderland

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