For Immediate Release: April 26, 2020
For Further Information, please call: James Bacon, Esq. (845) 419-2338

Westmere residents announce the filing of a lawsuit yesterday in the Northern District of New York to prevent Pyramid’s further construction of Costco. Pyramid cut down more than two acres of woodlands that could have provided habitat in the coming months for endangered and threatened species. The clear cutting violated significant provisions of federal and state law, including the Clean Water Act, Endangered Species Act and
especially, the State Environmental Quality Review Act (SEQRA).

Kevin McDonald, resident of Westmere Terrace adjacent to the development states: “[i]n doing this the town has clearly shown that it will grant permits to the project as proposed despite the fact that the review process has yet to be completed. One major element missing from the review process is a review of alternative, less impactful designs, the sort of thing that could comply with the TOD overlay district which was supposed bring neighborhood scaled
mixed use development to our area. The TOD is the zoning that was commissioned
and accepted by the town to promote responsible development around Western Avenue. Rather than demanding alternative proposals as required by law, the town allowed Pyramid to clear cut thus unleashing a “bureaucratic steamroller” that predetermines the outcome of the permitting process.”

Steve Wickham, volunteer with Save the Pine Bush and chair of the Guilderland Coalition for Responsible Growth steering committee attempted to stop the clear cutting by sitting on the blade of the tree-cutting equipment during a spontaneous act of civil disobedience on
March 26th. Wickham says, “The residents of Westmere are fed up with broken promises and Pyramid’s acquisition of property over the years with secret plans to destroy the Lawton Terrace neighborhood, urbanize the area surrounding Westmere Terrace and negatively impact the lives of everyone in Guilderland forever.”

Lynne Jackson, volunteer with Save the Pine Bush, observed “[t]he Town of Guilderland must protect the environment. With the world-wide decline in species, it is even more important that Town protect its own endangered and threatened species and its own very unique Pine Bush ecosystem.”

James Bacon, attorney for the plaintiffs states: “In more than 30 years of involvement in SEQRA proceedings, I have never heard of an agency allowing the clear-cutting of woodlands during the SEQRA process. Clear cutting part of the Costco site improperly predetermines
critical aspects of the SEQRA review such as alternative site layouts and
designs which is significant for a project potentially resulting in more than 300 residential units, 275,000 sq. ft of commercial/retail use and 50,000 sq. ft. of offices while also depending upon the alienation of portions of five Town Roads. The scope of federal and state violations coupled with the scope of the project requires re-establishment of lead
agency allowing another involved agency to adhere to SEQRA’s procedures and act as
“stewards of the… land, and living resources” with “an obligation to protect the environment for the use and enjoyment of this and all future generations” as required by the
New York State Environmental Conservation Law. ECL 8-§0103(8).