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To: Peter Luizzi

Copies: Planning Board, Mayors Office, Victor Caponera, Esq., Dom Arico, Kevin McGrath, City Council,

Russ Reeves

RE: Stoneledge Terrace Residential Development Project

Gentlemen,

Please acknowledge this as a response to Victors phone call to Russ and myself on Friday, and the many

SEQR issues Councilman McGrath raised last week through several emails to me, the Mayor, and the

City Council.

Regarding the meetings that were held in 2009/2010 to discuss issues related to this project,

other than City Council meetings, no one from the Mayors Office, the Planning Board, the

Planning Department, or the Engineering Department, was notified or invited to any of the

meetings that were held between the City Council, the residents of Highpointe, yourself and

your representatives. These were private meetings that were held in undisclosed locations, and

any arrangements or agreements that resulted from these meetings have no bearing on the

Planning Boards current review of this project.

The City Council was lead agent for the rezoning of the 50 acre parcel from Conservation to

Planned Development. The Negative Declaration that was adopted by the City Council was for

that specific proposal. There was no coordinated review with the Planning Board or any other

agency. Furthermore, no member of the Planning Board sent emails to me, the mayor, the City

Council, or you in an attempt to influence the Councils SEQR review, or misrepresent the status

of the project to promote a personal or professional agenda.

The documents that the City Council reviewed for the rezoning were general master planning

documents, not detailed design and construction drawings. As Ive said before, the Council

does not have the expertise or the authority to review and approve design and construction

documents.

As a result of the emails sent by Councilman McGrath, to me, the Mayor, and the City Council,

demanding that the administration and the Planning Board ignore state law in the review

process, the Mayor has determined that Councilman McGrath has become a representative for

the developer in the same way that Victor as the attorney, and Dom, as the Engineer, serve as

representatives of this project. Per the Mayors request, I will provide you with all of emails that

have been sent to me, the City Council, and the Mayor, on your behalf. As Councilman McGrath

is also suppose to represent the best interests of the residents of the City of Troy the Mayor

believes that a clear conflict of interest has arisen.

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As a result of the issues Ive discussed, we have consulted with attorneys at Harris Beach PLLC

who specialize in SEQR issues. They have advised us that the Planning Board should now be

especially diligent in its review of this project so as not to appear to have ignored state law to

serve the interest of a developer at the Councilmans request.

In compliance with SEQRA the Planning Board has determined this project is a Type I Action and

that the potential for significant negative impacts exist.

The LEAF that was used to make this determination can be found on www.troyny.gov The

Planning Department and the City Engineer continue to receive significantly more detailed

information and will be recommending to the Planning Board that a Draft Environmental Impact

Statement be prepared that is in compliance with Section 617. 9 of SEQRA.

Regarding the LEAF Part 1 that I received from Dom Arico, I have the following questions that I

hope we can address before the Planning Board meeting:

1. On page two Troy Cemetery Association, Inc. is listed as the applicant/sponsor, however

on page 10 Peter Luizzi signed as the applicant/sponsor. Please clarify.

2. Ques. #A 17 Should this be no, as it refers to existing sufficient capacity?

3. Ques. # B5 - This should be yes.

4. Ques. # B6 and B7 - Isnt this a multi -phased project given two of the buildings will not

be constructed until sometime in the future?

5. Ques. #C1 A subdivision was also approved.