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Development
The Town of Lancaster approved the final plat (site plan) for the 264 single-family residential subdivision known as Cross Creek Subdivision, located on Pleasant View Drive between Stony and Pavement Roads.
Developer Elliot Laskey and attorney Peter Sorgi of RJF Development Company appeared at the pre-meeting work session to petition the board to approve the final plat despite continuing Ellicott Creek stormwater violations.
Councilman Dan Amatura, who cast the lone dissenting vote at the regular meeting, declared that a better job needed to be done to reinforce the silt fences that were installed to keep the Ellicott Creek floodwaters out of the disturbed wetland location where the 1,100 feet of 10-inch sewer line was to be constructed.
“Stormwater violations are still taking place,” said Amatura. Sorgi stated that the Department of Environmental Conservation (DEC) lifted their December 3rd “stop work” order on December 10th after they reviewed our stone-fencing plan.
Amatura responded that even after that plan went into effect, two more stormwater violations from creek flooding. “The DEC will not make any further determination until they come out here this week.”
Sorgi replied that the developer had done all the work according to DEC specifications for permit approval.
Councilman Donna Stempniak interjected that even if they had the stormwater ordinance in place before we would have approved the site plan, there would still be violations.
Amatura interjected that there were pending violations. “As a board, why do we always have to push something through, giving us a black eye before the public, when you can’t do anything with the site with the way the weather is? Why can’t you wait until the January 22nd meeting? I’m voting “no.”
Elliot Laskey responded that the approval of the subdivision site plan was a separate issue. “The sewer line was put together by the town. They designed it and located it. The project went before the Planning Board (PB), was not controversial and was approved.”
Laskey said that even though an Environmental Protection Agency (EPA) sewer waiver was not required, they followed town request and got one – eight months later.
“We followed the Stormwater Pollution Prevention Plan (SWPPP) required by the DEC. The DEC issued a violation and we reacted immediately, making several remediation attempts.”
SWPPP is governed by the DEC. That is separate from this petition. Not getting final plat improvement is further holding up the project.
Amatura interjected: We get beat up by the press that we fall over for developers. Two weeks is not going to hurt you. Wait until we hear from the DEC.
Laskey responded: We are not asking for the Public Improvement Permits (PIP’S), just plat approval! If the PIP’S were on for tonight, I would say forget it.”
Amatura: You tell us you get all the stuff from the EPA, DEC, Sewer Authority and you know what, they make us look bad also. We approved Windsor Ridge South and find out later that you have downstream sewer capacity issues. I’m not saying the developer did anything wrong, but the DEC said it was a go and then we find out differently after we approved Phase I.”
Sorgi declared that the sewer issue played no part in the site plan approval. This is just so the property is transferred from “A” to “B.” “We can’t get the PIP'S until the sewer work is done. There is no legal reason we should not get plat approval.”
Town Engineer Robert Harris interjected that the DEC would visit the site this week to ensure the measures put in place to prevent stormwater pollution were adequate.
Stempniak agreed that there was reason to delay site plan approval. “We’re just filing the subdivision plat at Town Hall, they can’t do any work until they get the PIPS and when we change our subdivision regulations (Resolution 9 on the agenda), saying you have to have final plat approval before you move topsoil, this (stormwater violations) could have happened anyway.
Laskey then notified that there would be a donation of two separate parcels of land to the Town. It was not part of the final plat.
Town Board meeting
Before presenting resolution 13 for Cross Creek site plan approval, Council member Donna Stempniak informed the attendees that discussion on this resolution had taken place at the pre-meeting work session.
Stempniak said that Cross Creek excavation permits were given a few months ago before the new stormwater prevention and compliance ordinance was approved earlier. “What happened, happened,” stated Stempniak. “It (stormwater violations) would have happened had the ordinance and final plat approval already been in place.
Stempniak therefore made a motion to approve the Cross Creek site plan with the following conditions:
1. The developer shall install at his expense sidewalks on the frontage of the subdivision on both Pleasant View Drive and Pavement Road.
2. The developer shall install concrete asphalt T-turnarounds at its expense in the driveway of each sublot fronting on Pleasant View Drive and Pavement Road.
3. The builder shall cause monumentation of the boundary of any federal jurisdictional wetland or the 100’ adjacent area of any designated NYS wetland affecting any portion of any sublot.
Supervisor Giza, Councilmen Stempniak, Ruffino and Abraham voted for approval. Amatura cast the dissenting vote.
NEXT: Part II: Stormwater violations & culpability
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