Plans for a new Costco store and a large residential apartment building near Crossgates Mall are back on after an appeals court reversed an earlier decision to halt the project.

The project is raising environmental concerns and criticism from neighbors.

The Costco store, along with 18 gas pumps, would be built off Western Avenue near Crossgates Mall in Guilderland. The proposal also includes a 222-unit apartment building on Rapp Road.

Save the Pine Bush volunteer Lynne Jackson says the project will without a doubt have a negative impact on the Albany Pine Bush Preserve.

What You Need To Know

  • The Costco and 18 gas pumps would be built off Western Avenue near Crossgates Mall

  • The proposal also includes a 222-unit apartment building on Rapp Road

  • The project is raising environmental concerns and criticism from those who live nearby

  • In November, a judge sided with neighbors and the project was halted, but on Thursday, a higher court reversed the decision

“I just think this is the wrong location,” says Jackson. “The Pine Bush ecosystem that currently exists today is about 10% of its original size, and our contention is that all the remaining Pine Bush should be preserved.”

Traffic and privacy are concerns for people who live on Westmere Terrace. They say the five-story apartment building would completely change their neighborhood.

They filed a lawsuit against the Town of Guilderland and Pyramid Management Group. In November, a judge agreed with the neighbors and put a stop to the project, but a higher court overturned that ruling on Thursday.

“To have it completely reversed was just shocking,” says Jackson. “I mean, I just, I’m still in a state of shock.”

One of the neighbors involved in the lawsuit, Kevin McDonald, says while the reversal was disheartening, he’s hopeful this isn’t the end of the road.

Jackson and her team have filed a second lawsuit in hopes of halting development, or moving it to a new location.

Town of Guilderland Supervisor Peter Barber released a statement:

“The Appellate Division, Third Department reversed the lower court decision by unanimously holding that the Town Planning Board took the required "hard look" at environmental impacts of the proposed Costco as required by the State Environmental Quality Review Act. The Appellate Court found that the proposed use was consistent with the town's Comprehensive Plan and recent neighborhood study to focus commercial development on the Crossgates Ring Road to take advantage of direct access to the Interstate Highway System and CDTA's rapid transit center at Crossgates. The court also noted that the project was supported by the Albany Pine Bush Commission. The court also found that, during its thorough review, the Planning Board imposed numerous mitigation measures, including a new roundabout to replace the traffic light at the Northway entrance, reducing Crossgates Mall Road from four to three lanes, with a center turn lane and added trees, landscaping and street lamps to promote traffic calming and improve the pedestrian environment, and installing a network of sidewalks, multi -use paths and bicycle paths. The next step for the Costco application is a site plan review report by the Planning Board on landscaping, lighting, road layout and a special use permit review by the Zoning Board of Appeals.”