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GUPTILL
LAND
SWAP DEAL
SUMMARY:We are alerting town residents
of
an important transaction that is not too late to stop.Town Supervisor Paula Mahan has been working on a land deal swap with GuptillHolding Corporation, which owns a former sand and gravel mine
on
Pollack Road. Underthe deal, the Town would give Guptill ownership
of
up to 66 acres
of
valuable Town-owned land along the Mohawk River in exchange for allowing the Town to crossGuptill's property on Pollack road with a new water line. Guptill would also conveywetlands, known at the "kettle bog",
on
his existing property to the Town.
The
key
issues
are:
y
The
land
swap was
NOT
necessary to complete
the
new
water
line
project
y
The
Town
could have
acquired
the
easement needed
for
the
water
line
through
eminent
domain
y
There
has
been no public
hearing regarding
this
land
swap
y
There
has
been no
neighbor
notification
of
this
deal
or
its
termand
conditions
y
No
environmental
analysis has been done
y
This
land swap
opens
the
door
to
mining
and
or
development
of
this
river
front property
which residents
have
fought
against
for
years
y
The
Town
will
not
benefit financially
by
this
dealand
in
fact, will lose
valuable
property
y
Supervisor
Mahan
claims this deal will
protect
the "kettle bog" wetlands
area
on
Guptill's property,
but
these environmentally sensitive
lands
are
already
protected
by
state
and
federal law
BACKGROUND:
The Latham Water District has an agreement with the Albany County AirportAuthority to remove the Latham (Checkerboard) Tank and build a new one inLoudonville. The project is being paid for by the airport with, primarily, federal funds.
It
includes upgrades to water lines. In this case, new pipes
wil1
go from the Latham WaterTreatment Plant
on
the Mohawk River up to Sparrowbush Road. The proposed pathrequires crossing a portion
of
the Guptill Holding Company former mining property.Other property owners are also affected. The Town has known for years that it will needeasements or to acquire the land needed to place the pipes.
THE
RESOLUTION:
The Town passed a resolution on August
6,2009
(see copy) for the Town
of
Colonie to swap land with the Guptill Holding Corporation. The Guptill land is neededby the Town's Latham Water District for its new pipes. The resolution does not identify
any agreement between the Latham Water District (a special district with its own set
of
books, revenues and expenditures) and Guptill or the Town
of
Colonie.
DISCUSSION
OF
THE
ISSUES:
1)
TOWN
TO
LOSE
AS MUCH AS 66 ACRES.
The resolution states, at Section
1,
that Town Supervisor, Paula Mahan, "isauthorized to enter into agreements to covey all
or
a portion
of
real propertyowned by the Town
of
Colonie located at 200A Onderdonk Road" for 9.29 acres
of
Guptill Holding Corporation land. No. 200A Onderdonk Road is 66.9 acres insize. The resolution places no limit on the loss to the Town.
2)
PROTECTED TOWN
LAND -
NOW
SUBJECT
TO
DEVELOPMENT
When you travel the bike path or the Mohawk River and look to the south at thehillside behind the sewage treatment plant, you see the land in question. Townownership insures its protection from commercial development.
In
fact, the Townoriginally acquired the parcel through eminent domain for "public purposes" inthe 1970s. Under this land swap deal, Guptill Holding Corporation will be able touse any part
of
the 66 acres it receives for private purposes, including housingdevelopments or potentially for mining. Also, these lands are rich with gravel andadjoin the gravel mine that Guptill Holding Corporation wants to reopen.
3)
NO
ENVIRONMENTAL ANALYSIS WAS DONE
State law requires that the impact on the environment be fully analyzed wheneverthe Town sells any
of
its land. The resolution states that the airport did anenvironmental analysis
of
the water tank project. That is true, but that report does
not
cover this deal. No land swap with the Town is identified in such report.Further, the report,
if
it considered these matters at all, contemplated straightpurchases or acquisition
by
eminent domain
of
only the land needed for the waterline.Remember, this transaction puts prime property in private hands, but everycommunity-based study for the Mohawk River corridor says the land along theriver should be preserved. Further, this land provides an important buffer aroundthe Town's wastewater treatment and drinking water plants and the surroundingneighborhoods
4)
COLONIE
TAXPAYERS LOSE.
If
Latham Water District bought the Guptill property or acquired it by eminentdomain, the airport would reimburse the district. However, by doing a land swap,the Latham Water District incurred no costs. Thus, there is no reimbursement.Meanwhile, the Town
of
Colonie taxpayers lose valuable acreage with nocorresponding benefit.
of 00
GOP Land Swap Memo
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| Upload Date: | 10/17/2009 |
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