COLONIE — Residents have been raising concern over a development project with which the Town of Colonie Planning Board Designated Engineer has been involved.

Clough Harbour & Associates LLP, one the Planning Board's designated engineers since 2008 and overseer of the town's review of the Airport Area Generic Environmental Impact Statement, has been representing British American Development Corp. for a proposed hotel and office building project on Albany Shaker Road in Colonie — a relationship that SAVE Colonie says is a conflict of interest.

In an email written to Supervisor Paula Mahan in November and a complaint written to the town's Board of Ethics in March, SAVE Colonie pointed out that in 2008, the town had required candidates for the position of Designated Engineer not "represent developers on projects within the Town of Colonie" and "avoid all conflicts of interest or appearances of impropriety" while the firm is the Designated Engineer.

"It's obvious you don't want somebody who is on one side of the fence today and the other side tomorrow," said Susan Weber, one of the organizers of SAVE Colonie. "They learn inside information working for the town that they can use to benefit their firm's clients on the other side of the fence. It's just wrong."

Sara Wiest, spokeswoman for the town of Colonie, said in an email that town attorney Mike Magguilli insisted there is no conflict of interest because CHA had disclosed their working relationship with British American prior to being hired as the town's designated engineer.

"Due to our long standing relationship with these clients and our involvement with their projects, we feel that we have a professional obligation to complete the work," Peter Conway, a partner of CHA, wrote in a letter to Magguilli in 2008 that was provided by Wiest.

Magguilli accepted that CHA continue working on its project with British American until its completion.

The Board of Ethics responded to SAVE Colonie's letter last week, saying that CHA had not violated the Code of Ethics because it is an independent contractor.

"The provisions of the Code of Ethics, including the conflicts of interest provision, are applicable to only the Town's 'officials and employees,' not to independent contractors," chairperson Stacey Rowland wrote.

Rowland added that CHA's status as an independent contractor also means the board does not have the authority to review the complaint.

"I would just like the town to follow typical ethical standards and have town designated engineers who do not appear on behalf of developers in front of our town," Weber said. "CHA should not be our TDE anymore — they have been tainted."