FILED: ALBANY COUNTY CLERK 06/17/2022 11:25 PM INDEX NO.

904705-22
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2022

STATE OF NEW YORK

SUPREME COURT COUNTY OF ALBANY

LORRAINE THOMPSON, VALERIAN MASAO,

KERRY MCCAREY, JOHN WALLACE
AND KAREN JAMACK, DANIEL FIATO AND
NATASHA FIATO, NATHANIEL GRAY,
DANIEL MAIER AND JOANNE MAIER,
KIRK RHATIGAN AND RACHEL APUNTE,
NICK ESPOSITO, TIMOTHY GROSS
AND SUSAN GROSS, GERTRUDE PRATER,
CHRISTINE DELSIGNORE, JOHN BOHL AND
KATHLEEN BOHL, BARBARA RISCAVAGE,
ANGELA VANFONDA, PHILLIP ROWLANDS AND
CYNTHIA ROWLANDS, EBEN COREY AND JANINE GOETZ,
AMY MUSIKER, LORI DEMPF, STEVEN KONAS AND
SUSAN KONAS, LYNNE MCLEER, AND SHERI CANFIELD

VERIFIED PETITION
Index#:

Petitioners,
-against-

ALBANY PORT DISTRICT COMMISSION

TOWN OF BETHLEHEM PLANNING BOARD,
TOWN OF BETHLEHEM ZONING BOARD OF
APPEALS, AND TOWN OF BETHLEHEM

Respondents.

Petitioners, Lorraine Thompson, Valerian Masao, Kerry McCarey, John Wallace and Karen

Jamack, Daniel Fiato and Natasha Fiato, Nathaniel Gray, Daniel Maier and Joanne Maier, Kirk

Rhatigan and Rachel Apunte, Nick Esposito, Timothy Gross and Susan Gross, Gertrude Prater,

Christine Delsignore, John Bohl and Kathleen Bohl, Barbara Riscavage, Angela Vanfonda,

Phillip Rowlands and Cynthia Rowlands, Eben Corey and Janine Goetz, Amy Musiker, Lori

Dempf, Steven Konas and Susan Konas, Lynne Meleer, and Sheri Canfield by and through their

attorneys, Tobin and Dempf, LLP, as and for a Verified Petition, upon information and belief

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state as follows:

PRELIMINARY STATEMENT

1. This is an Article 78 proceeding to review the project known as the Albany Port

District Commission Industrial Park Project (Port of Albany Expansion Marmon/ Welcon Off

Shore Wind Tower Manufacturing Plant) (hereinafter known as "Wind Tower Factory"), the

actions of Respondents, Town of Bethlehem Planning Board, Town of Bethlehem, Zoning

Board of Appeals, Albany Port District Authority. Petitioners seek to annul and reverse such

resolutions and for an Order pursuant to Section 282 of the Town Law of the State of New York,

to review and ultimately annul the Planning Board's SEQR resolutions allegedly and upon

information and belief summarized as follows: on May 5, 2020 declaring the Final Generic

Environmental Impact Statement for the project complete and issuing a findings statement; a

resolution on June 2, 2020, of a SEQR positive declaration and that it would continue as lend

agency; that additional site requirements were determined necessary by the Applicant and that it

resolved on July 6, 2021 that a Supplemental Draft Environmental Impact Statement (SDEIS)

would be required and submitted by Applicant dated October 2021 with public comments and

public hearing held December 7, 2021 with public comments through December 17, 2021;

resolution adopted March 1, 2022 declaring the final Supplemental Environmental Impact

Statement (SEIS) complete and thereafter it issued its SEQR findings statement pursuant to

resolution adopted March 15, 2022, that the Zoning Board of Appeals granted certain height,

setback, planting and other variances, and thereafter the Planning Board issued its site plan

approval dated May 17, 2022 which was then filed in the Town of Bethlehem Clerk's office on

Approval"
March 18, 2022; "Site Plan resolution dated May 17, 2022, filed May 18, 2022 in the

Bethlehem Town Clerk's Office , and to grant the Petitioners such other and further relief as the

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Court may deem just, proper, and equitable to otherwise annul and reverse the Planning Board's

determination made on May 17, 2022 and filed in the Town of Bethlehem Clerk's Office on May

18, 2022, (see Approval documents referred to as Exhibit "A") referred to here as "Wind Tower

Factory".

PARTIES

2. Petitioners, Lorraine Thompson, Valerian Masao, Kerry McCarey, John Wallace

and Karen Jamack, Daniel Fiato and Natasha Fiato, Nathaniel Gray, Daniel Maier and Joanne

Maier, Kirk Rhatigan and Rachel Apunte, Nick Esposito, Timothy Gross and Susan Gross,

Gertrude Prater, Christine Delsignore, John Bohl and Kathleen Bohl, Barbara Riscavage, Angela

Vanfonda, Phillip Rowlands and Cynthia Rowlands, Eben Corey and Janine Goetz, Amy

Musiker, Lori Dempf, Steven Konas and Susan Konas, Lynne Mcleer, and Sheri Canfield at all

times relevant, were and owners and/or residents of certain real property adversely impacted by

the proposed Wind Tower Factory along River Road in the Town of Bethlehem, Albany County,

Respondents'
New York, and decisions and approvals herein.

a. Lorraine Thompson
38 Old River Road

Glenmont, New York 12077

b. Valerian Masao
30 Old River Road

Glenmont, New York 12077

c. Garrett McCarey
36 Old River Road

Glenmont, New York 12077

d. John Wallace and Karen Jamack

35 Old River Road

Glenmont, New York 12077

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e. Daniel Fiato and Natasha Fiato

5 Anders Lane

Glenmont, New York 12077

f. Nathaniel Gray
9 Anders Lane

Glenmont, New York 12077

g. Daniel Maier and Joanne Maier

11 Anders Lane

Glenmont, New York 12077

h. Kirk Rhatigan and Rachel Apunte

93 Glenmont Road

Glenmont, New York 12077

i. Nick Esposito
224 River Road

Glenmont, New York 12077

j. Timothy Gross and Susan Gross (Also, owners of 215 River Road)
219 River Road

Glenmont, New York 12077

k. Gertrude Prater
215 River Road

Glenmont, New York 12077

1. Christine Delsignore
201 River Road

Glenmont, New York 12077

m. John and Kathleen Bohl (Also, owners of 187 River Road; Lot on
185 River Road Corner of River Road and Halter Road; and

Glenmont, New York 12077 10 Halter Road)

n. Barbara Riscavage
177 River Road

Glenmont, New York 12077

0. Angela Vanfonda
175 River Road

Glenmont, New York 12077

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p. Rowlands and Cynthia Rowlands (Owners of Tax No. 98.01-

Phillip Map
54 Halter Road 1-17 (89.90 Acres) and No.

Glenmont, New York 12077 90.01-1-16 (.57 Acres)

q. Eben Corey and Janine Goetz

117 Retreat House Road

Glenmont, New York 12077

r. Amy M. Musiker
146 Glenmont Road

Glenmont, New York 12077

s. Lori A. Dempf
74 Hartman Road

Glenmont, New York 12077

t. Steven Konas and Susan Konas

16 Wiggand Drive

Glenmont, New York 12077

u. Lynne Mcleer
15 Mallard Road

Glenmont, New York 12077

v. Sheri Canfield
23 David

Glenmont, New York 12077

3. The Petitioners seek to reverse and annul Respondents Application/Approvals on

multiple substantive and procedural grounds.

4. Given such proximity, the character of the proposed project and development, the

failure of the Respondent Planning Board to act in the manner prescribed by law, the adverse

Petitioners' Petitioners'
affect on the of quiet enjoyment of properties, the adverse impact on real

Petitioners'
property and the value thereof, as well as adversely affecting use, health, safety, and

Respondents'
welfare of same, resulting from approval, Petitioners are aggrieved persons.

5. Respondent, Town of Bethlehem Planning Board ("Planning Board") and Zoning

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Board of Appeals are duly organized Boards of the Town of Bethlehem existing pursuant to

Town Law § 271 et seq..

6. Respondent, Town of Bethlehem ("Town"), is a municipal corporation existing by

and under the laws of the State of New York.

7. Respondent Albany Port District Commissions is a public benefit corporation

existing and operating by virtue of the laws of the State of New York, with offices at 106 Smith

Boulevard, Albany, New York 12202.

FACTS

8. Pursuant to New York Town § 282, this proceeding is brought to review and

ultimately annul the Board's various SEQR resolutions and findings as well as the Zoning board

of Appeals decision and to annul and reverse its conditional Site Approval dated May 17, 2022

and filed in the Town of Bethlehem Clerk's office on May 18, 2022 on the grounds that its

various decisions were arbitrary, capricious, and contrary to law and the facts disclosed by the

record, which record will be submitted by Respondent Town as part of this proceeding, for

which Petitioners reserves the right to supplement.

9. Notice: Petitioners were not provided adequate notice of the public meetings and

were not noticed with an opportunity to comment and provide input for the development of the

environmental impact statement. Written notice should have been provided to all residents

impacted by this project. Respondents disregarded the required notice. Respondents provided

mailed written notice to residents within 200 feet but here the recipients of such notice are

commercial owners. Not to provide such written notice to residential property owners within the

impact area (1-2 miles) for the present 80 acre project, with near and distant views and impacts,

is not within the spirit of the law and the duties that a lead agency supervising the Environmental

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Impact Statement Process is mandated to follow.

10. Failure to Consider the Character of the Neighborhood: Petitioners, especially

those living on Old River Road, Anders Lane, Glenmont Road, River Road, Halter Road, and

Retreat House Road, were within the area most adversely and directly impacted yet ignored. The

GEIS and SEIS fail to identify the nearby residences (mostly existing long before zoning codes

"B" "C" -
were established in the Town of Bethlehem). (See Exhibit and which are Google

Maps with Petitioners, neighborhoods and school buildings identified).

11. Visual Impact: Respondents, rather than continue an existing buffer from River

Road on the City of Albany side of the Port, chose to diminish the buffer as shown on the Visual

Impact Assessment Report ("Appendix A") to maximize the building size making this project

incompatible with the neighborhoods -- 3,600 foot visual site River

surrounding building along

Road with four massive buildings, between 83 and 110 feet tall, and twenty, 27-foot tall smoke

stacks (12 football fields in width). The Report does not provide distances of the nearby homes

from the proposed site. The Visual Impact Assessment Report only specifically identifies one

home, on Old River Road, as being visual impacted. This is simply not true. All Parties referred

to in Paragraph 2 (a) - above are impacted. For see Fiato Pictures (and
(r) visually example,

concerns about vehicle accidents, fly ash, and pollution, noise and safety of children), 5 Anders

Lane (Exhibit "D"); Gross-Prater Pictures, 219 and 215 River Road ( Exhibit "E"); Riscavage

Picture, 177 River Road (Exhibit "F").

Respondents'
Visual Impact Assessment Report fails to consider distant views from

Rowlands'
89 acre property, Musiker's 55 acre property, as well as views from property owners

along Halter Road and River Road, Anders Lane, Glenmont Road, Old River Road, and Retreat

House Road.

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The Visual Impact Assessment report date July 2021, updated October 2021, does not

show the smoke stacks (Attachment 9) to scale nor does it show the massive size of the building

and smoke stacks in comparison with the existing Petitioners houses along River Road, for

example. The visual analysis is deficient. Also, to show the square footage without length and

width of the massive buildings defeats the purpose of the analysis. It would have been helpful if

Respondents showed a simulation of what 110-foot tall buildings would look like for all seasons

from multiple locations.

The visual analysis relied upon by the Respondents reflects July photographs and fails to

show the seasonal changes, which is misleading. There are no leaves on the trees from

November through mid- - 6 ½ months. half the year is missing from the visual
May Thus,

analysis. Further, while there is a visual simulation along the Hudson River, no such visual

simulation was provided along River Road and the properties identified herein at paragraph 2 (a)

- at different topographic levels of sight.

(r)

Respondents'
The Visual Impact Assessment Report relied on two resources for

preparation and cited: NYS DEC: DEP - and Visual and

(1) Assessing Mitigating Impacts, (2)

NYS DOT: Guidelines for Visual Impact Assessment of Highway Projects. Importantly, those

resources suggest the following:

Visual Impact Assessment (or VIA) is the analysis of the potential visual impacts to the
landscape and landscape views resulting from a proposed development or land

management action. (The Bureau of Land Management - Visual Impact Assessment

Methodologies).

Visual impacts caused by a highway project are seen both by people travelling on the

road and by neighbors adjacent to it. The importance of views from the road has long
been recognized. In recreation surveys, Americans have repeatedly ranked pleasure

driving on scenic roads as one of their favorite activities. Researchers have also shown

that the view from the road is the basis for much of what we know about our everyday
environment and for our mental image of our surroundings. For this reason, people are

rightly concerned with the visual highways traversing their town or city. Research shows

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that not only do these first impressions count in how a community is perceived, but they
also affect a community's social civility and economic vitality. Roads move more than
goods and services - are extensions of a community's values and aesthetic
people, they
preferences. (NYS DOT: Guidelines for the Visual Impact Assessment of Highway
Projects.)

Therefore, based on the guidelines presented by both NYS DEC and NYS DOT (and

citied in the Visual Impact Assessment Report), it is clear that the approach and assessments fall

short of an accurate and reliable identification of highway corridors, neighborhoods and sites

where potential visual impacts may occur from construction of the proposed project. In addition

to the Petitioners, many neighbors from Quail Hollow, The Legends, Wiggand and Hartman

Road, work in downtown Albany, New York and prefer to travel River Road instead of Route

9W to get to work. These neighbors have signed petitions to annul approval of the Wind Tower

Factory. (See Exhibit "G").

Respondents'
12. Air Quality: The purported report of appears to use a heavy

Petitioners'
industry standard rather than considering the residential nature of the and other

homes. Air, as well as noise, travels up the hill and over to the neighborhood even a mile or two

away from this factory. These factors were not considered by Respondents, rendering the report

and approvals deficient.

Moreover, there was no consideration of particulate size and likelihood of wind pushing

this air pollution uphill to the neighborhoods directly west of the Wind Tower Factory (i.e.

Halter Road, Retreat House Road, Quail Hollow, The Legends, and Glenmont Elementary

School). The purported study appears conclusory and makes generalized statements without

properly identifying in more detail the types of pollution to be emitted by the Wind Tower

Respondents'
Factory and the cumulative effect of the same. The analysis consists of bald,

conclusory statements that were merely accepted by Respondents without taking a hard look at

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the issues presented, including whether harmful chemical by-products are likely carried by air

currents, especially to adjoining neighborhoods below the Glenmont Hill and, as well as those

residential neighborhoods and the Glenmont Elementary School above the Glenmont hillside.

13. Inconsistencies in Approval Documents: The approval documents appear

inconsistent. For example, the March 15, 2022 SEIS approved reference to the building size of

589,500 s/f for Buildings A, B, C, D; however, the final SEQR approval references 604,264 s/f

and the Planning Board Conditional Site Plan Approval references 603,238 s/f for these

buildings. Such inconsistencies mandate amendment at a noticed public board meeting to be

presented, discussed, voted and approved with appropriate filing of the Amended Conditional

Site Plan Approval with the Town Clerk's Office.

14. In addition to Petitioners, many neighboring residents adversely affected by the

massive size and adverse environmental impacts of the Wind Tower Factory, signed the Petition

opposing the project residing on:

Number of House Hold
A. Old River Road 6
B. Anders Lane 3
C. Glenmont Road 5

D. River Road 7
E. Halter Road 11
F. Retreat House Road 6

G. Hartman Road 5

H. Quail Hollow 32

I. Wiggand Drive 2

(See Exhibit "G")

STATE ENVIRONMENTAL QUALITY REVIEW ACTION ("SEQR")

15. A proceeding must be brought within the appropriate time after conditional plat

approval, rather than final approval when challenging approval for a subdivision (Entergy

Nuclear Indian Point 2, LLC v. N.Y. State Dep't of Envtl. Conservation, 2 Misc. 3d 1070 [Sup.

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Ct. Albany Co. 2004]).

16. Under SEQR, the lead agency is required to determine whether or not the

proposed Plan may have significant effects on the environment before it approves the action (6

NYCRR § 617.3 [a]).

17. The lead agency must identify relevant areas of environmental concern, take a

look"
"hard at them, and give written findings that SEQR's requirements have been satisfied

(Matter of Town of Amsterdam v. Amsterdam Indus. Dev. Agency, 95 A.D.3d 1539 [3d Dept.

2012]; NY ECL 8-0109 [8]).

18. Under SEQR, a lead agency making a determination of significance in an unlisted

action is required to:

a. Review the environmental assessment form ("EAF") and any other

supporting information to identify the relevant areas of environmental concern;

b. Thoroughly analyze the identified relevant areas of environmental concern

to determine if the action may have a significant adverse impact on the

environment; and

c. Set forth its determination of significance in a written form containing a

reasoned elaboration and providing reference to any supporting documentation.

19. Relevant indicators of significant adverse impacts on the environment include an

adverse change or impact on visual conditions, air quality, pollution, noise, traffic, property

values and quality of life as well as in ground or surface water quality or quantity; a substantial

increase in potential for erosion or drainage problems; the destruction of large quantities of

vegetation or fauna, wildlife; changes in two or more elements of the environment, no one of

which has a significant impact on the environment, but when considered together result in a

substantial adverse impact on the environment (6 NYCRR § 6 17); cumulative impacts.

20. Before approving a proposed project, the Board must make express written

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findings that SEQR requirements have been satisfied and must prepare a written statement of the

facts and conclusions relied on in the final environmental impact statement ("FEIS") or

comments (Amsterdam, 95 A.D.3d at 1542).

21. "An agency must comply with both the letter and the spirit of the State

Environmental Quality Review Act before it will be found to have discharged its responsibility

thereunder"
(Schenectady Chemicals. Inc. v. Flacke, 83 A.D.2d 460 [3d Dept. 1981]).

22. A lead agency improperly defers its duties when it abdicates its SEQR

responsibilities to another agency or insulates itself from environmental decision making (Matter

of Riverkeeper, Inc. v. Planning Bd. of Town of Southeast, 9 N.Y.3d 219 [2007]).

23. While a lead agency is encouraged to consider the opinions of experts and other

agencies, it must exercise its own judgment in determining whether a particular circumstance

adversely impacts the environment (Matter of Riverkeeper, Inc. v. Planning Bd. of Town of

Southeast, 9 N.Y.3d 219 [2007]).

24. Under New York Town Law §274-a, the town board may authorize the planning

board to review and approve or disapprove site plans.

25. The SEQR review did not adequately consider the visual impacts of this project

and did not adequately consider that there were pre-existing homes to the Zoning Code, some of

which were over 100 years old, existing long before zoning codes. Similarly, the SEQR failed to

adequately consider the long existing residential homes and neighborhoods in this area, as relates

to traffic, noise and pollution as well as cumulative impacts.

26. The Board was required to determine whether the Plan proposed by Respondent

Port District Commission may have significant adverse effects on the environment, take
Albany

look"
a "hard at them, and give its written findings.

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27. Although the Respondents were made aware of the adverse change based upon

the SEQR review visual site analysis, air quality and noise analysis, roadway traffic congestion

look."
and pollution, it did not give it the requisite "hard For example, Petitioners Maier, who

reside at 11 Anders Lane, similar to their neighbors, the Fiatos, were concerned about traffic

"H."
accidents and heavy roadway usage by trucks creating dangerous conditions. See Exhibit

Appeals'
28. These failures were exacerbated by the Zoning Board of decision to

disregard adverse impacts to the Glenmont families and neighborhoods.

29. Rather than requiring the applicant to scale down its project or find another

the Town of allowed the Port of Albany's self-

location, Respondent, Bethlehem, Respondent,

created to supersede the reasonable expectations of some residents - Petitioners who

hardship

have lived in the Glenmont neighborhood for generations, in homes pre-dating the Town's

zoning codes.

30. Respondent, Zoning Board of Appeals, misapplied the facts and the law to grant

the variances.

31. Certain concerns regarding conditions during and after construction diminishing

property, health, safety and quality of life as set forth below were not adequately considered in

the DGIS, SDEIS and SEIS, Zoning Board of Appeals variance and the Planning Board

Conditional Site Plan approval dated May 17, 2022:

100'
a. Building of massive size and height (over tall) (see variance height
100'
and setback) smoke stacks above buildings. Town expressly not

restricting antennas or other utilities etc., on roof-tops. (See Exhibit "I",

page 1)

b. Narrative July 21, 2021, employees increasing from 350 to 550 24/7 shifts.

(See Exhibit "I", page 2)

c. Truck entrance and exit construction - 2021. lots

during July 21, Parking
for 550 employees working 24/7 shifts. What about noise, light pollution

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5000 +/- s/f of rock to be drilled or blasted, or crushed on (See

site.
Exhibit "I", page 3)

paint"
d. Smoke stacks on "blast metallization building. How tall is building
with smoke stacks? Emission from smoke stacks. Rail road access
DeMartini business easement access from River Road not shown?

Welding plant building fumes and noise building fumes and noise. Internal

assembly finishing building noise and fumes.

(See Exhibit "I", page 4)

e. Map shows impacted property along

(1) Old River Road

(2) Anders Lane

(3) Hartman Road

(4) Glenmont Road

(5) River Road

(6) Halter Road

(7) Retreat House Road

The maps do not adequately visualize and show the homes and proximity
to the Factory. All Factory buildings need to have pilings pounded into the
soil to reach bedrock to support the massive building structure. The
number of pilings being pounded into the earth is not shown. Cancerous

fly ash is a major health and safety concern. (See Exhibit "I", page 4)

f. Truck route map as of July 21, 2021shows an entrance to project from

power company easement around the hair-pin turn on River Road to as a

primary entrance and exit for trucks during construction.

Adversely affected neighborhoods including

(1) Quail Hollow

(2) Wiggand Drive

(3) Glenmont Abbey Village

(4) Weiser Street

(5) Clara Ave

(6) Glenmont Elementary School

(See Exhibit "I", page 5)

g. Initially, traffic analysis for 350 employees now 550 employees is

planned. More traffic using proposed River Road drive way access near

power plant. Truck traffic during construction will use River Road
6'
driveway. More truck traffic than estimated with needed of fill instead
2'
of of fill to cover the fly ash contamination from the power plant. (See
Exhibit "I", page 6)

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.

h. Traffic (Trip Generation) Factory estimate of 350 employees is now 550

employees.

These estimates do not seem to consider lunch for employees coming and

going during their work shifts for doctor appointments, family errands,
6'
meetings offsite. Truck traffic during construction with of fill required
2'
instead of of fill is not consider in this July 21, 2021 study. (See Exhibit

"I", page 7)

6' 6'
i. If of soil fill the buildings finished floor will be above the flood plain
106'
and the buildings now not 100'. The antennas building mechanicals
and other structures will increase the height.
Piles being driven into bedrock and noise and air pollution.

Noise; dust from fly ash, a known carcinogen.

Fly ash contamination of the water table and Hudson River is a concern.
soils"
"Excavated contaminated with fly ash?
Granular fill likely to be substantial and will result in increased trucking
into and out of the Factory site during construction. (See Exhibit "I", page

8)

j. Diesel track will be idling while in line waiting to make deliveries of

construction materials and while in line to leave the factory; idling in

traffic; air pollution not properly considered.

k. The close proximity of the Factory buildings and parking lots to River
Road is inconsistent with existing Albany Port Authority complex with
1000 + set back from River Road and demonstrates that this Factory is too
large for this location.

100'
1. Seasonal (winter, spring, summer and fall) visual views with tall
buildings not provided.

m. Consider closing off Anders Road and making a dead end street at
intersection with River Road (health, safety issues). River Road with

limited sight distance remains at 55mph - unsafe.

n. Consider Park and Ride with electric buses location so factory and access

roads are not burdened with traffic congestion and pollution. For example,
a Town owned location leased to port. To Town, i.e. optioned land

between River Road and Route 9W along Wemple Road. See Town Board

meeting dated June 8, 2022.

0. Failure to consider roof-top gardens on top of factory roofs.

p. Where are on site employee conveniences, cafeteria restaurant, Tavern etc;

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where will truck deliveries for employee services to access the site, and is
this considered in the traffic study?

q. Proposed private waste treatment plant on site for what type of waste?
How will waste be removed from site? How will these trucks access the

site; what about pollution (air and water)?

r. What about the multiple air and water pollution and odors generated

during and after factory construction and who will be monitoring same
and how will this information be available to regulating agencies and to
the public.

s. How will traffic usage be monitored during construction and after

construction and what agency will monitor and how will the public have
access to this information?

t. This massive Factory is similar to the Plastics Plant and other heavy
industry along Creble Road and Route 32 near Feura Bush; however there
are no homes within one (1) mile of the Selkirk Plastic Plant and industry
site there; the proposed River Road Factory Site while in excess of 300
residential homes exist within one (1) mile of the proposed River Road
factory.

u. The review is further deficient in that it fails to consider the adverse

effects and cumulative affects with other River Road and Port industries
for air quality and pollution on multiple food gardens located at directly
impacted properties along Old River Road, Anders Lane, Glenmont Road,
River Road, Halter Road, Retreat Home Road and Hartman Road as well
as the adversely affected neighborhoods including Quail Hollow, Wiggand

Drive, Glenmont Abbey Village, Weiser Street, and Clara Ave,.

v. Many houses in the directly impacted site area already have gardens which

fee these families.

w. Respondents fail to consider the loss of 80 + acres of trees and vegetation

as a mitigating factor air pollution in the directly impacted area the

cumulative surge in CO-2 and other hazardous emissions, traffic

congestion, health, safety and welfare, affecting the directly impacted

property owners.

x. Many homes in the impacted area have swimming pools and foundations

built into existing bedrocks; there is inadequate consideration from the

impacts of drilling, pounding, dynamite or the proposed new parking lot

access for 550 employees along River Road and.the pile driving necessary
construct buildings A, B, C, D; number of pilings required to be made in
the fly ash soil is not adequately analyzed and discussed; in order to

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support the massive building:

"A"
(1) Building Plate preparation and welding (299, 250, s/f)
100+/- height 3.3 football fields and 1
approximately long
football field wide along River Road.

"B"
(2) Building Welding finishing (111,000 s/f) height 1
football field long and 1.5 football fields wide along River
Road.

"C" - -
(3) Building Blast Metalization Paint (131,415 s/f) 110
feet high approximately 2 football fields long and 1 hockey
30' +/-
rink wide along River Road, with smoke stacks

"D"
(4) Building Internal assembly 61,550 s/f, 93 feet high
approximate 1 hockey rink long and 1 football field wide.
(Football field is 300 feet long)
(Hockey rink is 200 feet long/

y. The Visual Impact Assessment Report dated July 2021 and updated
October 2021 is deficient and skewed. The view scope, if properly

simulated for this project along River Road, with the bend in the road, will
make this project (Building A, B, C, D) appear to be a single, 100-foot

high, continuous wall, that is 3,600 feet long. A visual rendering from
Smatz Road to Corning Hill and Retreat House Road, as well as the

properties of all property owners, would be more accurate. (See Exhibits

"B," "C,"
and "G").

32. The Respondent Planning Board failed to review and thoroughly analyze the

Applicants'
adverse environmental effects on the residential homes in proximity of the project

are zoned heavy industrial.

33. Respondents in their analysis did not consider cumulative impacts.

34. The reports and SEIS is inadequate to support the Respondents decisions prepared

by the Respondent.

35. Although the approval of the Plan was conditional, the Petitioners bring this

proceeding within the appropriate time, because after the application meets the conditions

required by the Respondent, final approval will occur without further review.

17

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36. Furthermore, the Respondent Planning Board violated the Town of Bethlehem's

Subdivision Regulations as well as both the procedural and substantive requirements of SEQR

and failure to provide a reasoned elaboration of its negative declaration, improper delegation of

its responsibilities to the storm water management coordinator, and decision to grant conditional

final plat approval.

WHEREFORE, based upon the foregoing Petitioners reserve the right to amend and

supplement this petition and Petitioners request that an answer, certified transcript of the record

of the proceeding, and supporting affidavits, if any, shall be served at least five days before the

aforesaid date of hearing pursuant to Sections 7804(c) and 7804(e) of the Civil Practice Law and

Rules.be reversed and annulled and that the Petitioners be awarded with such other and further

relief as the Court deems just and proper.

R. hrist h Dempf, Esq,

TOBIN AND EMPF, LLP

Attorney for Petitioners

515 Broadway
Albany, New York 12207
Telephone: (518) 463-1177

18

18 of 41
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2022

STATE OF NEW YORK )

) ss:
COUNTY OF ALBANY )

LORRAINE THOMPSON, being duly sworn, deposes and says:

Your deponent is a petitioner, in the within proceeding; your deponent has read the

annexed petition and knows the contents thereof and the same are true to your deponent's

knowledge, except those matters therein which are stated to be alleged upon information and

belief, and as to those matters, your deponent believes them to be true. The grounds for your

deponent's belief as to all matters not stated upon knowledge are as follows: All books, records

and correspondence of the petitioner.

LORRAINE THOMPSON

Sworn to before me this

day of June, 2022

Notary Public

R. CHRISTOPHER DEMPF
NOTARY PUBUC, STATE OF NEW YORK
Registration No. 01DE4763748
Qualified in Albany County
Commission Expires March 26, 20

19 of 41
FILED: ALBANY COUNTY CLERK 06/17/2022 11:25 PM INDEX NO. 904705-22
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2022

STATE OF NEW YORK )

) ss:
COUNTY OF ALBANY )

VALERIAN MASAO, being duly sworn, deposes and says:

Your deponent is a petitioner, in the within proceeding; your deponent has read the

annexed petition and knows the contents thereof and the same are true to your deponent's

knowledge, except those matters therein which are stated to be alleged upon information and

belief, and as to those matters, your deponent believes them to be true. The grounds for your

deponent's belief as to all matters not stated upon knowledge are as follows: All books, records

and correspondence of the petitioner.

....

MERIAN IVIASAO

Sworn to before me this

day of June, 2022

No ary Pu8lic

R. CHRISTOPHER DEMPF
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 01DE4763748
Oualified In Albany County
Commission Expires March 26, 20

20 of 41
FILED: ALBANY COUNTY CLERK 06/17/2022 11:25 PM INDEX NO. 904705-22
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2022

STATE OF NEW YORK )

) ss:
COUNTY OF ALBANY )

KERRY MCCAREY, being duly sworn, deposes and says:

'Your deponent is a petitioner, in the within proceeding; your deponent has read the

annexed petition and knows the contents thereof and the same are true to your deponent's

knowledge, except those matters therein which are stated to be alleged upon information and

belief, and as to those matters, your deponent believes them to be true. The grounds for your

deponent's belief as to all matters not stated upon knowledge are as follows: All books, records

and correspondence of the petitioner.

Mhm
KERR CCAREY
Sworn to before me this

Ó day of June, 2022

'
No Pub

R. CHRISTOPHER DEMPF
NOTARY PUBUC, STATE OF NEW YORK
Registration No. 01DE4763748
Oualified in Albany County
Commission Expires March 26, 20

21 of 41
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2022

STATE OF NEW YORK )

) ss:
COUNTY OF ALBANY )

dff R C C, being duly sworn, deposes and says:

Your deponent is a petitioner, in the within proceeding; your deponent has read the

annexed petition and knows the concents thereof and the same are true to your deponent's

knowledge, except those matters therein which are stated to be alleged upon information and

belief, and as to those matters, your deponent believes them to be true. The grounds for your

deponent's belief as to all matters not stated upon knowledge are as follows: All books, records

and correspondence of the petitioner.

Sworn to before me this

day of June, 2022

'
N tary Pu

R. CHRISTOPHER DEMPF
NOTARY PUBUC, STATE OF NEW YORK
Registration No. 01DE4763748

Comm asi rc 20_

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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2022

VERIFICATION

STATE OF NEW YORK )

) ss:
COUNTY OF ALBANY )

DANIEL FIATO and NATASHA FIATO, being duly sworn deposes and says: that your

deponents are petitioners in the within action; that your deponents have read the Petition and
know the contents thereof, that the same is true deponent's knowledge, except as to those matters

stated to be alleged upon information and belief, and as to those matters deponent believes them
to be true. The ground for your deponents belief are as follows: All books, records and
correspondence of the Petition.

DAN E FIATO

N A FIA

Sworn to me this

day of June, 2022

N tary Publi

R. CHR)STOPHER DEMPF
NEW YORK
NOTARY PUBLLC, STATE OF
Registration No. 01DE4763748
Qualified in Albany County
Commission Expires March 26, 203

23 of 41
FILED: ALBANY COUNTY CLERK 06/17/2022 11:25 PM INDEX NO. 904705-22
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2022

STATE OF NEW YORK )

) ss:
COUNTY OF ALBANY )

NATHANIEL GRAY, being duly sworn, deposes and says:

Your deponent is a petitioner, in the within proceeding; your deponent has read the

annexed petition and knows the contents thereof and the same are true to your deponent's

knowledge, except those matters therein which are stated to be alleged upon information and

belief, and as to those matters, your deponent believes them to be true. The grounds for your

deponent's belief as to all matters not stated upon knowledge are as follows: All books, records

and correspondence of the petitioner.

NAT AN R1,Y
Sworn to before me this

day of June, 2022

No ary Public

R. CHRISTOPHE DEM F
NOTARY PUBUC, STATE OF NEW YORK
Registration No. 01DE4763748
Qualified in Albany County
Commission Expires March 26,20

24 of 41
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2022

STATE OF NEW YORK )

) ss:
COUNTY OF ALBANY )

Daniel Maier and Joanne Maier, being duly sworn, dispose and say:

Your deponents are petitioners; in the within proceeding; have read the annexed petition

and know the contents thereof and the same true to your deponents knowledge, except those
matters therein which are stated to be alleged upon information and belief, and as to those

matters, your deponents believe them to be true. The grounds for your deponents belief as to

all matters not stated upon knowledge are as follows: All books, records and correspondence of

the petitioner.

Daniel Maier

Swom to before me this

ay of June, 2022

Joanne Maier

N ta ub c

R. CHRISTOPHER DEMPF
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 01DE4763748
Qualified In Albany County
Commission Expires March 26, 20_

25 of 41
FILED: ALBANY COUNTY CLERK 06/17/2022 11:25 PM INDEX NO. 904705-22
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2022

VERIFICATION

STATE OF NEW YORK )

) ss:
COUNTY OF ALBANY )

KIRK RHATIGAN and RACHEL APUNTE, being duly sworn deposes and says: that

your deponents are petitioners in the within action; that your deponents have read the Petition
and know the contents thereof, that the same is true deponent's knowledge, except as to those
matters stated to be alleged upon information and belief, and as to those matters deponent
believes them to be true. The ground for your deponents belief are as follows: All books, records
and correspondence of the Petition.

KI RHATIGAN

RACHEL APUNTE

Sworn to me this

day of June, 2022

Notary Public

R.
NOTARY CHRISTOPHER
PUBUC. STATE DEMPF
Registration No. OF NEW
YORK
Oualified in 01DE4763748
Commission Ex Albany County
tres March
26, 20

26 of 41
FILED: ALBANY COUNTY CLERK 06/17/2022 11:25 PM INDEX NO. 904705-22
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2022

STATE OF NEW YORK )

) ss:
COUNTY OF ALBANY )

NICK ESPOSITO, being duly sworn, deposes and says:

Your deponent is a petitioner, in the within proceeding; your deponent has read the

annexed petition and knows the contents thereof and the same are true to your deponent's

knowledge, except those matters therein which are stated to be alleged upon information and

belief, and as to those matters, your deponent believes them to be true. The grounds for your

deponent's belief as to all matters not stated upon knowledge are as follows: All books, records

and correspondence of the petitioner.

NICK ESPOSIT
Sworn to before me this

day of June, 2022

N ary P

DEMPF
R. CHRISTOPHER
PUBUC, STATE OF NEW YORK
NOTARY
Registration No. 01DE4763748
Qualified In Albany County
20
Commission Ex ires March 26,

27 of 41
FILED: ALBANY COUNTY CLERK 06/17/2022 11:25 PM INDEX NO. 904705-22
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2022

STATE OF NEW YORK )

) ss:
COUNTY OF ALBANY )

SUSAN GROSS, being duly sworn, deposes and says:

Your deponent is a petitioner, in the within proceeding; your deponent has read the

annexed petition and knows the contents thereof and the same are true to your deponent's

knowledge, except those matters therein which are stated to be alleged upon information and

belief, and as to those matters, your deponent believes them to be true. The grounds for your

deponent's belief as to all matters not stated upon knowledge are as follows: All books, records

and correspondence of the petitioner.

SUSAN ROSS
Sworn to before me this

day of June, 2022

Notar Publ'c
. -
NOTARY PUBUC, MPF
STATE OF NEW
Registration No. YORK
Qualified in 01DE4763748
Albany County
Commission Ex Ires
March 26, 20

28 of 41
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2022

STATE OF NEW YORK )

) ss:
COUNTY OF ALBANY )

GERTRUDE PRA ER, being duly sworn, deposes and says:

Your deponent is a petitioner, in the within proceeding; your deponent has read the

annexed petition and knows the contents thereof and the same are true to your deponent's

knowledge, except those matters therein which are stated to be alleged upon information and

belief, and as to those matters, your deponent believes them to be true. The grounds for your

deponent's belief as to all matters not stated upon knowledge are as follows: All books, records

and correspondence of the petitioner.

GERTRUDE PRA I
Sworn to before me this

day of June, 2022

No Public

R. CHRISTOPHER DEMPF
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 01DE4763748
Qualified In Albany County
Commission Expires March 26, 203}_

29 of 41
FILED: ALBANY COUNTY CLERK 06/17/2022 11:25 PM INDEX NO. 904705-22
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2022

STATE OF NEW YORK )

) ss:
COUNTY OF ALBANY )

CHRISTINE DELSIGNORE, being duly sworn, deposes and says:

Your deponent is a petitioner, in the within proceeding; your deponent has read the

annexed petition and knows the contents thereof and the same are true to your deponent's

knowledge, except those matters therein which are stated to be alleged upon information and

belief, and as to those matters, your deponent believes them to be true. The grounds for your

deponent's belief as to all matters not stated upon knowledge are as follows: All books, records

and correspondence of the petitioner.

CHRISTI DELSIGNORE
Sworn to before me this

ay of June, 2022

Not Publi

R. CHRISTOPHER DEMPF
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 01DE4763748
Qualified In Albany County
Commission Expires March 26, 20

30 of 41
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2022

VERIFICATION

STATE OF NEW YORK )

) ss:
COUNTY OF ALBANY )

JOHN BOHL and KATHLEEN BOHL, being duly sworn deposes and says: that your

deponents are petitioners in the within action; that your deponents have read the Petition and

know the contents thereof, that the same is true deponent's knowledge, except as to those matters
stated to be alleged upon information and belief, and as to those matters deponent believes them

to be true. The ground for your deponents belief are as follows: All books, records and
correspondence of the Petition.

JO BOHL

THLEEN BOHL

S rn to me this

day of June, 2022

Not Public

R. RI T PH R E
NOTARY PUBLIC, STATE OF
NEW YORK
Regletration No. 01DE4763748
Qualified In Albany
County
Commission Expires March 26, 20

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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2022

STATE OF NEW YORK )

) ss:
COUNTY OF ALBANY )

BARBARA RISCAVGE, being duly sworn, deposes and says:

Your deponent is a petitioner, in the within proceeding; your deponent has read the

annexed petition and knows the contents thereof and the same are true to your deponent's

knowledge, except those matters therein which are stated to be alleged upon information and

belief, and as to those matters, your deponent believes them to be true. The grounds for your

deponent's belief as to all matters not stated upon knowledge are as follows: All books, records

and correspondence of the petitioner.

BARBARA RI CAVGE
Sworn to before me this

day of June, 2022

N tary P c

R. CHRISTOPHER DEMPF
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 01DE4763748
Qualified in Albany County
Commission Expires March 26,20

32 of 41
FILED: ALBANY COUNTY CLERK 06/17/2022 11:25 PM INDEX NO. 904705-22
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2022

STATE OF NEW YORK )

) ss:
COUNTY OF ALBANY )

ANGELA VANFONDA, being duly sworn, deposes and says:

Your deponent is a petitioner, in the within proceeding; your deponent has read the

annexed petition and knows the contents thereof and the same are true to your deponent's

knowledge, except those matters therein which are stated to be alleged upon information and

belief, and as to those matters, your deponent believes them to be true. The grounds for your

deponent's belief as to all matters not stated upon knowledge are as follows: All books, records

and correspondence of the petitioner.

ANGE VANF NDA

Swom to before me this

day of June, 2022

N tary Public

R. CHRISTOPHER
DEMPF
NOTARY PUBLIC, STATE OF NEW
YORK
Registration No. 01DE4763748
Qualified In Albany County
Commission Expires March 26,
20_2.3

33 of 41
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2022

VERIFICATION

STATE OF NEW YORK )

) ss:
COUNTY OF ALBANY )

PHILLIP ROWLANDS and ROWLANDS, being duly sworn deposes and

says: that your deponents are petitioners in the within action; that your deponents have read the

Petition and know the contents thereof, that the same is true deponent's knowledge, except as to

those matters stated to be alleged upon information and belief, and those matters deponent
believes them to be true. The ground for your deponents belief as llows: All s, records
and correspondence of the Petition.

P L ND

O AND

Sworn to me this

day of June, 2022

tary Pub ic
DEMPF
R. CHRISTOPHE
NEW YORK
NOTARY PUBLIC, STATE OF
Registration No. 010E4763748
Qualified In Albany County
20
Commission Expires March 26,

34 of 41
FILED: ALBANY COUNTY CLERK 06/17/2022 11:25 PM INDEX NO. 904705-22
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2022

STATE OF NEW YORK )

) ss:
COUNTY OF ALBANY ).

EBEN COREY. swom, deposes and says:

being duly

Your deponent is a petitioner, in the within your deponent has read the
proceeding;

annexed petition and knows the contents thereof and the same are true to your deponent's

knowledge, except those matters therein which are stated to be alleged upon infonnation and

belief, and as to those matters. your deponent believes them to be true. The grounds fbr your

deponent's belief as to all matters net stated upon knowledge are as follows: All records
books,
and correspondence of the pe tk nei

EBEN COREY

Sworn to before me this

day of June. 2022

Notarf Public

1: CHRIETAPHFR DFMPF
li±J;Am emi l' - 5[Ali JF Fl' D! YORK
. :.91w: f lo filh“·170 >/ 18

35 of 41
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2022

STA IE Of NEW YORK )

) ss:
COUNTY OF ALBANY )

JANINE GOETL heing duly sworn, deposes and says:

Your deponent is a petitioner, in the within proceeding; your deponent has read the

annexed petition and knows the contents thereof and the same arctrueto yortr deponent s

knowledge. except those matters therein which are stated to be alleged upon infounation and

belief. and as to those matters. your deponent believes them to be true. The grounds for your

deponent's belief as to all mancis not sttled upon know|cdge are as follows: All books. records

and correspondence of the peÎ;ona.

A E GOETZ

5wom to before me ui3

.

day of June. 2022

Not . Public

36 of 41
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2022

STATE OF NEW YORK )

) ss:
COUNTY OF ALBANY )

AMY MUSIKER, being duly sworn, deposes and says:

Your deponent is a petitioner, in the within proceeding; your deponent has read the

annexed petition and knows the contents thereof and the same are true to your deponent's

knowledge, except those matters therein which are stated to be alleged upon information and

belief, and as to those matters, your deponent believes them to be true. The grounds for your

deponent's belief as to all matters not stated upon knowledge are as follows: All books, records

and correspondence of the petitioner.

AMY SIKER

Sworn to before me this

day of June, 2022

N¿.ary P bli

R. IS PHER DEMPF
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 01DE4763748
Qualified in Albany County
Commission Expires March 26, 20

37 of 41
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2022

STATE OF NEW YORK )

) ss:
COUNTY OF ALBANY )

Ó°c deposes and says:

being duly sworn,

Your deponent is a petitioner, in the within proceeding; your deponent has read the

annexed petition and knows the contents thereof and the same are true to your deponent's

knowledge, except those matters therein which are stated to be alleged upon information and

belief, and as to those matters, your deponent believes them to be true. The grounds for your

deponent's belief as to all matters not stated upon knowledge are as follows: All books, records

and correspondence of the petitioner.

Sworn to before me this

Ó day of June, 2022

Notary ublic

R. CHRISTOPHER DEMPF
NOTARY PUBUC, STATE OF NEW YORK
Registration No. 01DE4763748
Qualified In Albany County
Commission Expires March 26,20

38 of 41
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2022

STATE OF NEW YORK )

) ss:
COUNTY OF ALBANY )

-&TEPitEN KONAS, ing duly sworn, deposes and says:

Your deponent is a petitioner, in the within proceeding; your deponent has read the

annexed petition and knows the contents thereof and the same are true to your deponent's

knowledge, except those matters therein which are stated to be alleged upon information and

belief, and as to those matters, your deponent believes them to be true. The grounds for your

deponent's belief as to all matters not stated upon knowledge are as follows: All books, records

and correspondence of the petitioner.

Sworn to before me this e,

ay of June, 2022

N ary Public

R.
CHRISTOPHER
NOTARY PUBLIC, STATE DEMPF
OF NEW YORK
Registration No. 01DE4763748
Oualified In Albany
County
Commission Ex Ires March
26,20

39 of 41
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2022

STATE OF NEW YORK )

) ss:
COUNTY OF ALBANY )

LYNNE MCLEER, being duly sworn, deposes and says:

Your deponent is a petitioner, in the within proceeding; your deponent has read the

annexed petition and knows the contents thereof and the same are true to your deponent's

knowledge, except those matters therein which are stated to be alleged upon information and

belief, and as to those matters, your deponent believes them to be true. The grounds for your

deponent's belief as to all matters not stated upon knowledge are as follows: All books, records

and correspondence of the petitioner.

LYN MCLEER
Sworn to before me this

day of June, 2022

Notary Pub

NOTARx PUBUC, STATE OF NEW

YORK
on No. 01DE4763748

40 of 41
FILED: ALBANY COUNTY CLERK 06/17/2022 11:25 PM INDEX NO. 904705-22
.
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2022

STATE OF NEW YORK )

) ss:
COUNTY OF ALBANY )

being duly sworn, deposes and says:

Your deponent is a petitioner, in the within proceeding; your deponent has read the

annexed petition and knows the contents thereof and the same are true to your deponent's

knowledge, except those matters therein which are stated to be alleged upon information and

belief, and as to those matters, your deponent believes them to be true. The grounds for your

deponent's belief as to all matters not stated upon knowledge are as follows: All books, records

and correspondence of the petitioner.

Sworn to before me this

day of June, 2022

No Public

R. C RI TOPHER DEMP
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 01DE4763748
Qualified In Albany County
Commission Expires March 26,
20_

41 of 41