Threat of litigation slows FEIS

The Geneseo Planning Board’s workshop on the Newman PDD proposal didn’t get very far Monday night after board attorney Joe Picciotti advised the board it would probably be better to wait until they receive the full draft Final EIS from the developer. Last week, the board received the first 16 pages of what looks to be a several hundred page document.

The developer’s engineers promised to get the rest of their draft to the board by next Monday Feb. 4, however, even after that Picciotti advised the board it would take at least a month before his office and the town’s engineers would be able to review the proposal and make recommendations.

In the mean time, Picciotti advised the board not to get into very specific discussion of the matter. The board is scheduled to meet again on Feb. 11, however, the attorney said that at that point the board should only take up what he called “macro issues.” Such issues, he suggested might be the absence of a requested study from the document.

Later, in the meeting Picciotti explained the reason for his caution. “I don’t want to be Pollyanna,” he told the board. “I fully expect that the town will be sued on this matter.” Accordingly, he pledged that the board would take its time to make sure that whatever decision is ultimately made will be defensible in court. Picciotti did not say who he expects the town to be sued by.

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