Tri Cities Industrial Park v. Commissioner

OPINION OF THE COURT

Sweeney, J.

The facts are somewhat lengthy, but a full recitation is required to understand and resolve the issues raised. Petitioner applied, on July 19, 1977, to the Town of Colonie to have a 90-acre parcel of land rezoned from "undeveloped” to "heavy commercial” in order to permit the development of an industrial park. The Colonie Planning Board directed petitioner to prepare an environmental assessment of the project area and to analyze the impact of the proposed project on the environment. This was. done and a public hearing was conducted. After the hearing, respondent…