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Hearing on land dispute concludes

December 20, 2013
By LEVI PASCHER , The Leader Herald

JOHNSTOWN - The hearing between Gloversville and the town of Johnstown over the 16 acres of developable land that could be annexed into the city concluded last week, said City Attorney Anthony Casale.

The case was being reviewed by a panel of state Appellate Court judges, who may choose to decide whether annexation would be in the public's best interest.

Casale said the proof has concluded but now each side has been asked to provide "written findings of fact with citations to the record."

"We need to obtain a transcript of the proceeding and make submissions to the court," Casale said.

He said the documentation is required to be turned in on Feb. 7, 2014, and he expects a decision could be made within 60 days after the assigned date.

Several city officials were part of the hearing process and were testifying on the city's behalf.

The Common Council in September 2012 voted to annex land that would help landowner Stephen Mauro move forward with development and support efforts to build an access road off Route 30A.

However, the town of Johnstown already voted against the annexation.

The town and Gloversville already have one revenue-sharing agreement for an area near the new Walmart, which leaves the town receiving 40 percent of sales and property-tax revenues from sites requiring water and sewer services.

Mauro wants to develop 16.6 acres on the parcel, which is near the Gloversville and town of Johnstown border, but he needs sewer and water service from Gloversville.

Mauro's property is along a proposed Route 30A access road.

The road would run parallel to Route 30A and connect with Steele Avenue at one end and South Kingsboro Avenue at the other end. Mauro's land is close to the Steele Avenue portion of the access road.

The access road could still be built without annexing the land, but property along the road couldn't be developed if the owner can't get water and sewer services, said Mayor Dayton King.



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