Mair suit challenges Putnam Woods BY JUSTIN MASON Gazette Reporter
ROTTERDAM — A local resident and environmental activist is suing the Town Board and the developer of Putnam Woods for building improvements on land that he says is deeded to him as an easement. In a lawsuit filed in state Supreme Court last month, Aaron Mair of Putnam Road claims Amedore Homes wrongfully altered a 60-foot-wide strip of land running to the 52-unit Putnam Woods condominium complex on land behind his property. After paving the strip and adding improvements for the condominiums, Mair argues the developer then deeded the land over to the town for use as a public road. The lawsuit states the Amedore construction project subsequently damaged a sensitive wetland area, leading directly to damages incurred around his property and home. He asking for $200,000 in compensation from the town and is demanding the developer remove all of the structures built on the strip of land, including a utility cluster placed next to his property. Historically, a narrow gravel strip ran perpendicular to Putnam Road and served as an access route to farmland behind Mair’s lot. He contends his deed afforded him use of the entire right-of-way and he used the road as an access route to the rear of his property. To alter the road, Mair claims that Amedore would have needed to negotiate with all the property owners in possession of the easement or purchase all the land abutting the road in order to terminate the right-of-way. George Amedore Sr., a principal of the company, referred any comment on the lawsuit to his attorney, Donald Zee. Calls placed to Zee’s office were not returned. Town Attorney Patrick Saccocio said “It seems to be primarily a dispute between Mr. Mair and the developers with some collateral damage attributed to the town.” Putnam Woods became an issue in 2003, when the Town Board rezoned more than 13 acres off Putnam Road from agricultural and retail business to multi-family residential. Environmental activists argued the development could harm a recharge area of the Great Flats aquifer, a 14-mile-long underground water source supplying much of Schenectady County.
Hey I forgot all about this one. I wonder what happened and if there is still a law suit going on.
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
Court: Builder violated easement limit BY JUSTIN MASON Gazette Reporter
ROTTERDAM — Amedore Homes built the private road to the Putnam Woods development on property on which a local resident possessed easement rights, a state Supreme Court judge has ruled. Judge Vincent Reilly Jr. said Putnam Road resident Aaron Mair has the right to use 60 feet of Annabelle Place, which is the only access point to the 52-unit condominium complex. He also ruled there is enough evidence that Amedore Homes interfered with Mair’s use of the 15-foot-wide easement to send the issue to trial. “Under the circumstances, there are triable issues of fact as to whether [Mair’s] use of the easement has been unreasonably interfered with,” Reilly stated in court documents. The August ruling, however, dismisses a concurrent claim by Mair against Rotterdam. Attorneys representing both Amedore Homes and Mair have filed appeals in the case, according to court records. Mair’s lawyer, Marc Gerstman of Albany, said his client is pleased with the ruling. “We prevailed on the issue of the easement and that is extremely important,” he said. Attorney James Burns, who represents Amedore Homes’ principle George Amedore Sr., said the ruling won’t have much of an impact on the case. He said a severe storm last spring left much of the wooded area Mair would need to access his easement impassible. “The reality is Mr. Mair’s easement rights are not going to do him much good.”
Can someone please explain how the town's part could be dismissed? I don't really care that the town was deeded the road afterwards - the project went before the Planning Commission and received approval from the town. If they can't exercise proper oversight, shouldn't the town equally be on the hook for wrongdoing? I think so.
The final quote of the article is nice too, huh? The fact of the matter is Mr. Mair possesses an easement. What difference does it make if he can necessarily get to it?
This epitomizes what is wrong with planning and development in this town. And Mr. Amedore cruising to victory to be one of our leaders ought to make people shudder.
Hey there, Iota. Not a Planning Commission fan? Welcome to the club. Here's a novel thought. Their appointments come up for renewal from time to time. I lead a previous effort for Planning Commission reform not too long ago which didn't get much traction but I intend to get the schedule for all the appointments and then campaign against their reppointment. Won't THAT make a popular person! Really, when you get right down to it, they're dispensable. The whole commission should be abolished. We have a Town Planner. Why not let him fill that function? We certainly couldn't be worse off without them.
Here's a thought for you Michael, why not apply for a position on the planning board? You'd clearly be a plus!
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
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