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Town’s appeal of Long Energy court decision continues
By Melanie Lekocevic
Capital Region Independent Media
COEYMANS — The town has filed an appeal of the state Supreme Court decision essentially ordering the planning/zoning board of appeals to approve the special-use permit and site plan applications for Long Energy.
With a change in the town’s administration beginning Jan. 1, it is unclear what the future of the appeal will be.
The company is seeking to build a fuel storage facility in the town.
Long Energy has been seeking approval to erect two 30,000-gallon propane tanks and a pole barn in a fenced storage yard on Route 9W and County Route 101. The site, owned by Long Energy, is in a C-1P planned commercial zoning district.
The planning board failed to approve the company’s site plan application and special-use permit in April after a drawn-out process. Three planning board members voted in favor of the special-use permit and site plan — acting chair Patricia Grogan, Nathan Boomer and Melissa Stanton. Three members opposed the motions — James Pietropaoli, Bernard teRiele and Joseph Cinque. With a tie vote, the board’s attorney said the vote was a “non-approval.”
Planning board chairman Robert Nolan, who owns a competing fuel company, and planning board member Albert Collins recused themselves from the decision.
Long Energy, operating under the name Marebo, LLC, filed an Article 78 — a legal motion to compel a municipality to take a specific action — and State Supreme Court Justice Justin Corcoran issued a decision in Long Energy’s favor Nov. 27.
The town filed an appeal of the decision Dec. 1, with the state’s Appellate Division.
“Given this matter is pending, the town has no official comment for the record,” Town Supervisor George McHugh said.
McHugh and two council members of the current administration — Brandon LeFevre and Marisa Tutay — did not win re-election in November and will be replaced by incoming Democrats Town Supervisor-elect Stephen Donnelly and Town Councilmen-elect Michael Stott and Ronald Hotaling, who will take office Jan. 1.
It is unclear at this time whether the new administration will continue with the appeal or withdraw it. Donnelly could not be reached for comment at press time.
Corcoran’s original decision ordered the planning board “to promptly grant the applications of Marebo, LLC for a special use permit and site plan approval, subject to imposition of reasonable conditions.”
The court did not specify what “reasonable conditions” could be required by the planning board.
The court’s decision ordered that Nolan and Cinque “shall not participate in such further proceedings due to conflicts of interest.” Cinque was appointed to the planning board on Nolan’s recommendation, according to the court’s decision.
“Nolan oversaw the planning board’s advisory recommendation of Cinque, the alternate member whose first anticipated official act was to substitute for Nolan and Collins in considering the Marebo matter,” according to the court’s decision.
The court also ordered the dismissal of “claims against [Robert Nolan] in his personal capacity is granted without costs.” Sanctions against Nolan were denied by the court.
“Robert Nolan was completely exonerated, and the case dismissed against him in his personal capacity,” said Nolan’s attorney, William Hurst of law firm Young/Sommer LLC.
Long Energy general counsel Beth Carey said an appeal would be costly for taxpayers.
“It’s such a well-written and well-thought-out decision with specific examples that it is clear to us that the judge took the time to review everything,” Carey said. “In my opinion, for the town to appeal it with such a strongly written decision, to me it would seem like a waste of taxpayers’ dollars to move forward with an appeal.”
If the court’s decision stands, Long Energy owner Robert Long said it is unclear when construction on the project would begin and anticipated that it would take around four to six months to complete once work commences.
News from the Past in Memory of Harry A. Sturges
News Herald – December 12, 1924 – F.E. Bleezarde, Publisher
Coeymans:
- The receipts of the card party held Nov. 24 under the auspices of the Ladies Auxiliary of the Coeymans Hose Company were $29.26.
- One of the Uneeda Biscuit Co.’s trucks skidded off the concrete while attempting to make Church Street hill at Dave Perry’s corner early Saturday morning. It was hauled out and towed up the hill a few hours later by another of the company’s trucks.
- At the last meeting of the young Women’s Service League held at Miss Charlotte Brower’s home, the annual Christmas box was packed and shipped to Mrs. Roe and her assistants. Roe is at Colony, Oklahoma, working among the Indians. Also, the Missionary Society of the Reformed church have sent their annual Christmas box to Annville, Kentucky.
- Two new 100-foot stacks were successfully raised and set in the place on the Roah Hook Brick Co.’s engine house under the supervision of Justin L. Bishop. There has also been a new Coatesville boiler installed to supply the added steam needed to run the new dryer, which is near completion.
- At the close of the regular meeting of Coeymans Chapter No. 464 on Dec. 2, a 500 party was enjoyed by members and friends. First prize for ladies was won by Mrs. Fred Southard and for men by Clare Robbins. Ladies’ second prize went to Mrs. Sydney Robbins.
Ravena:
- Mrs. C.D. Hawn attended a meeting of the executive committee of the Albany County W.C.T.U. in Albany, Wednesday.
- Rev. and Mrs. W.E. Baker and their children are recovering from attacks of the grippe, which confined them to their home for several days.
- The Alumni Association of the Ravena High School will hold an invitation dance in the auditorium of the school on Friday evening, Dec. 26.
- The annual communication of Russell Lodge, No. 850, F. & A.M. was held on Monday evening and the reports of the officers and the usual business of the annual session took place. The officers chosen at this meeting were as follows: Master Arthur Van Hoesen; Senior Warden, S.S. Rice; Junior Warden, E.J. Hummer; Secretary, William V. Roberts; Treasurer, G.W. Babcock; Trustee, C.H. Hummer.
- The dance given on Friday evening by the Ravena-Coeymans Baseball Association was a very pleasant affair. The crowd was not a record breaker, by those attending had a fine time. The inclement weather and the other big events of the evening prevented many others from attending.
Coeymans Herald – December 11, 1889 – S.H. & E.J. Sherman, Proprietors
- A new stoop and steps have been built in front of VanDyke’s harness shop.
- The horses have arrived for the several Knickerbocker ice houses in this section.
- Invitations have been issued for a Christmas ball to be held at Pulver Hall, Wednesday evening, Dec. 25.
- J.E. Stanton has had a barn erected on his lot on Turnpike Boulevard which will also be used as a workshop during the construction of his large carriage, sleigh and agricultural repository.
- It will be a great relief to the taxpayers of this town to note the decrease in the rate of taxation for the current year.
