New 'spoils' allegations surface

"The department doesn't know what it is," he said.

The neighbors are seeking retribution for their damages, but, according to Clarke, the fire department does not feel responsible because it is unclear who owned the land due to the time period in between when the deed was signed and when it was delivered.

Another questionable element, Magguilli said, is the fact that the town did not sign a hold harmless agreement at the time -- typically a standard protocol with land deals in the town. The agreement would have exempted the town from being held responsible for any activities that took place on the land after the deed was signed.

"The town never attained a hold harmless agreement from the fire department," explained Magguilli, "So, what's happened is, I guess last year, the neighbors on Dorwood Drive were all complaining to the fire department about flooding and drainage problems, and they're saying that's because of what the town did."

Magguilli said he is hoping the town will be able to have a third party evaluate the land and help determine whose responsible for the issues created by the dumping on the land. If it is found that the town is responsible, Magguilli said, Colonie will have to pay the retributions, the costs of which are still unknown.

If the fire department is determined to be at fault, they will be responsible for settling with the neighbors.

But according to Mahan, there is more to this issue than meets the eye.

"I think there definitely is a problem here, and I do think that the firehouse here has been put in a situation," said Mahan, "To me, the town was negligent at that point."

Mahan said she has been looking into the situation since Clarke had brought it to her attention earlier this month, and that "some of the things that I've found concern me greatly."

Of those things is the timeframe in which the town used the land for six years after the signing of the deed.

Another concern of the supervisor's is why, if the deed was signed, it took six years to be recorded.


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