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Development
Residents petition NYS Department of Conservation (NYSDEC) to act accordingly to protect resident and environment best interests
By Lee Chowaniec
Jan 9, 2005, 14:11
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Developers come into our towns and openly tell us they can get the necessary permits from the involved government agencies - Army Corps of Engineers (ACOE) and NYSDEC - to disturb, fill-in or destroy wetlands anytime they want.
Unlike the back door approach that developers use to petition for Clean Water 404 and 401 permits to eliminate valuable and functional wetlands for their own self interest and financial gain, this is an open petition requesting the DEC and ACOE to act accordingly to protect resident and environment best interests.
Before the ACOE has completed its soil study and published a report on the causes of the soil stability problems plaguing Amherst, developers are burdening the town of Lancaster’s Planning Board with numerous site plan applications – several of which contain state jurisdictional wetlands.
The DEC is to be commended for the recent promulgation of wetlands in Lancaster’s Pleasant Meadows and Windsor Ridge projects. Coming under state jurisdiction residential development there will not take place in the wetlands and 100-foot buffer zones have been established.
Residents in all towns consistently state that they do not oppose development per se. They are well aware of the revenue benefits for the town’s tax base. However, we share like beliefs that the development should not impact their best interests or quality of life; that the environment should not be destroyed needlessly and solely for developer gain; that resulting revenues appropriated by the town thorough development be expended judiciously.
We applaud the DEC’s open position taken on Amherst’s Muir Woods development. It was heartening and reassuring to read in the Buffalo News that the state will not permit residential construction in the wetlands or adjacent areas.
We also well understand the position taken by critics of the development and stating that Amherst planning officials have been acting as advocates for the developers.
It is unconscionable that Amherst’s Planning Board voted approval of the Muir Woods project knowing full well that the DEC has found the plan deficient in five major categories, including water resources and soil stability / foundation issues that have commonly been referred to by the media as ‘sinking homes’.
This brings home the recent decision by the Lancaster Planning Board to approve recommendation of the Windsor Ridge South site plan for Town Board consideration and approval. The DEC was instrumental in promulgating Slate Bottom Creek’s riparian corridor as a state wetland.
As such, the residents on the north side of Slate Bottom Creek whose property lies in the buffer zone are required to seek DEC permit approvals in addition to town permit approvals for placement of additions in the buffer area – sheds, polls, etc. Some town officials state the added permits are easy to acquire and residents are comfortable with the process. Other town officials say that is not the case and redidents have made their ire known with the dual permit process.
The recently proposed Windsor Ridge South concept is much improved and more environment friendly. Building will not take place in the wetland and transportation accesses have been provided for without using an ‘eminent domain’ process, as was earlier proposed.
However, once again the project sponsor is proposing building homes in the buffer area. He maintains that as long as the home itself will not be located in the buffer area there should be no concern on the part of the homeowner for choosing to purchase such lot.
They also maintain that the homeowner can utilize the buffer zone area as he sees fit; namely cutting grass or whatever. The project sponsor also maintains that getting permits form the DEC to place additions in the buffer zone is no big deal. The prospective homebuyer should be made aware that there are restrictions as to what they may do in the buffer area - not that that area is theirs to do with it as they see fit.
We understand that the DEC has been accommodating to permit issuance in residential buffer zones – as is the case on the north side of Slate Bottom Creek. However, as stated earlier, some residents have met such requirement with anger and frustration. Why repeat the situation by allowing development in the buffer area in Windsor Ridge South?
To the credit of Lancaster’s Planning Board, they approved the Windsor Ridge South site plan this past week with several conditions. Two conditions that would be considered noteworthy to the DEC is that:
1. Lots 52-54 require permits from the DEC
2. If true, as stated by the developer, that the DEC has negotiated with the project over time and made a determination that permit issuance is not required to develop lots 42-45 and 162 and 163 – which lay in the buffer zone – the Planning Board needs documentary evidence from the DEC to verify that contention.
As stated in the Buffalo News article, “the state will not permit residential construction in the wetlands or adjacent areas.” We hold the adjacent area to mean ‘buffer zone.”
Never once has the project sponsor brought to light the value and functionality of a buffer zone. Rather, its only relevance was portrayed as having to meet DEC requirements and bringing more area for the prospective homebuyer to utilize.
Residents have not been made aware of the importance and specific purpose of buffer zones, namely that they:
· Reduce surface water runoff from surrounding land into the wetland
· Maintain good water quality in a wetland by reducing sediment, nutrient and pollutant loads in runoff
· Provide a buffer area between residential areas and nuisance insects such as mosquitoes and midges
· Provide feeding and breeding habitat and shelter for wetland fauna
· Contribute to wildlife corridors
· Reduce disturbance of native fauna from surrounding development
· Provide an area for passive recreational activities such as bird watching, photography and bush walking
Activists and residents alike would like to see regulations set in place requiring residential developers to openly disclose when lots sit in buffer zones, or in federal jurisdictional wetlands. To have them say, “it is so noted in the deed” is little use to a homeowner that does not get such document till the date of closing, or has an attorney that is 'associated' with the developer and does his bidding.
Prospective homeowners and the environment experience shortcomings from the State Environmental Quality Review Act (SEQRA)process when municipalities acting as ‘lead agents’ fail to recognize significant adverse impacts and/or accept less than adequate mitigative measures to offset those impacts - acting more so in favor of special interest group interests rather than for the best intereests of their communities.
We look to the DEC as being stewards for maintaining resident and environment best interests by ensuring developers and municipalities comply with SEQRA requirements.
So much so that in light of the rollbacks in federal protection of wetlands, we have been active in supporting the petition to get Albany to pass legislation on bills S.4480-A/A.7905-A to expand New York’s wetland protection program. We welcome the opportunity to have the DEC involved in wetland decisions where wetlands are one acre in size or larger.
We also encourage the DEC to investigate and take action on the State Pollution Discharge Elimination System (SPDES) permit violation at Pleasant Meadows, in the town of Lancaster.
Again, we wish everyone to fully understand that we are not against development, rather we favor good governance and enforcement to protect resident and environment best interests.
‘Citizens for a Better Lancaster’ coalition
Pleasant Meadows Citizens coalition
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