Categories: News, Schenectady County

SCHENECTADY — The legal battle between the city and developer David Fusco over his new apartment complex on Erie Boulevard has a potential end it sight after Monday.

The City Council’s Claims Committee approved a proposed settlement in executive session on Monday. The settlement would allow Fusco to widen the Front Street access to his apartment complex, Colonial Commons, from 15 feet to 31 feet.

In allowing him to widen the access, the proposed settlement would require Fusco to drop all of his claims against the city and its Planning Commission.

“It’s a good settlement,” said independent Councilman Vince Riggi. “It’s fair to all parties. And it resolves this issue that’s been going on for awhile.”

Fusco filed the lawsuit in state Supreme Court in Schenectady County against the city and its Planning Commission in December 2017 under his Two Girls and a Guy-Erie LLC. He claimed it limited the ability of oversized vehicles to have access to the complex, a four-story, 52-unit structure at 1419 Erie Blvd.

Fusco also claimed he was unaware the city was planning to install a raised median on Erie Boulevard as part of the multimillion-dollar reconstruction of the road, which would affect access to his apartments. That median has been erected.

The lawsuit asked the court to annul the Planning Board’s decision that denied him expanded access on Front Street, that the median on Erie Boulevard be removed and that monetary damages be awarded.

A second request for expanded access on Front Street was made in March, but was also denied.

The commission argued in March they wanted to avoid creating any more traffic for residents of the Front Street neighborhood. But it also noted that Fusco had installed a 40-foot Front Street entranceway, or curb cut, without the commission’s approval.

City Corporation Counsel Carl Falotico said Fusco did correct that over the summer by bringing the entranceway down to 15 feet. Falotico said it brought the complex into compliance and was approved by the city.

The proposed settlement would request the court amend the commission’s approval of the project and allow Fusco to widen the entryway along Front Street to 31 feet. Motorists would still only be allowed to enter through a left-hand turn and exit through a right-hand turn.

Fusco, when reached for comment, referred all questions to his attorney, Mary Beth Slevin.

Slevin could not be reached for comment on the proposed settlement.

Falotico also said the proposed settlement was a good one. He noted that the commission had actually approved it during an executive session that occurred at its meeting on Nov. 14. He said the proposed settlement only needed the City Council approval, but the city felt it was important to get the commission on board.

“When the Planning Commission comes up with a decision, we support that and are going to take the necessary steps to support it in court,” Falotico said. “What the building owner saw is that you can’t sue your way into getting what you want from the Planning Commission in Schenectady.”

The full City Council will vote on the proposed settlement during its regular meeting on Nov. 26.