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Maybrook trustees: Galaxy developer will design to Brownfield standards but cannot claim BCP tax credits
Summary
Engineers and counsel told trustees Feb. 26 that the Galaxy developer cannot obtain NYS Brownfield Cleanup Program tax credits because only lot owners may claim them; the developer will design roadway work to BCP standards and the board clarified limits of its jurisdiction with Town of Montgomery parcels.
During discussion of the Galaxy subdivision, village engineer Sean Hoffman and project engineer Jane Samuelson discussed references to the NYS Brownfield Cleanup Program (BCP). Hoffman raised a question about the document language referring to BCP eligibility for roadway work; Samuelson explained the constraint: "only the lot owner can get the benefit of the tax credits for that program, Galaxy cannot apply for those because they will not be the end user."
Samuelson said that, because Galaxy cannot claim tax credits for the roadway, the developer nonetheless will design the roadway to BCP standards. Attorney Liz Cassidy clarified jurisdictional boundaries, telling trustees that the board may review impacts for parcels that border Town of Montgomery land but "you do not have jurisdiction over any piece that's in the Town of Montgomery that impacts the parcel." That delineation, Cassidy said, is included in the redline edits to avoid impermissible SEQRA segmentation.
The exchange did not produce a separate board action, but it informed the negative-declaration edits the board adopted and frames what remedies or tax-credit incentives may be available only to lot owners, not the developer.
