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Germantown group files Article 78 over Dollar General decision
Sep 17, 2018 12:00 pm
Debby Mayer is reporting for The Columbia Paper a group of Germantown residents have filed a legal challenge to the town planning board's decision to approve the construction of a Dollar General store on Route 9G, just north of Main Street. The Article 78 proceeding was filed last month, naming as defendants the planning board, the Dollar General developer, Primax Properties, and Paul and Henrietta D'Sousa, owners of the property slated to be subdivided for development. The petitioners, Arthur M. Cady, Elizabeth M. Cawley, Carole Neville, Karen Targove, Angela Olszewski, Douglas Trapp and William Kimmel, are represented by attorney Warren S. Replansky. Acting Rensselaer County Supreme Court Judge Henry Zwack will adjudicate the matter. The petitioners argue their objections to the construction "...were generated by the fact that the property on which this Dollar General Store was to be sited is presently, for the most part, undeveloped and provides the Germantown community with one of the most prominent, unobstructed view of the Hudson River Corridor and the Catskill Mountains.” They allege that after designating itself as lead agency for the State Environmental Quality Review, the planning board failed in its duty by designating the responsibilities for that review to Primax and its consultants. They also accuse the board of failing to take a "hard look" at the environmental impacts of the project. Other charges include an alleged failure to comply with the state's Open Meetings Law when the planning board failed to provide notice or minutes of a so-called workshop meeting in February. The defendants must file their responding papers by October 12. Read the full story in The Columbia Paper.