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Editorials
By unanimous vote, the Lancaster Town Board granted Marrano/Marc Equity rezone approval to develop a neighborhood business complex on 27-acres of the 271-acre project, along the north side of Walden Avenue.
The site had been rezoned several years ago from agriculture/residential (Ag-R-1) to residential/commercial office (RCO). Because of tenant lack of interest in occupying the proposed office park, Victor Martucci, vice-president of land and development, said Marrano/Marc Equity was petitioning for a rezone to develop part of the RCO site as a neighborhood business enterprise. More likely than not, the property would be sold by Marrano to a commercial developer.
The rezone was conditioned that “no building shall be permitted 150 feet from the present property line to the west”.
Resident petitions board for more buffer
Walden Trace subdivision spokesperson David Mansell petitioned the board at their earlier work session and regular meeting to stipulate that an eight-foot berm should be constructed between the commercial site and their adjacent residential subdivision (west) to block out the view.
Mansell declared he had been informed by the developer’s engineer that an eight-foot berm would require 54 feet of land area and would put the berm 46 foot from his property line. “If the developer gave up another 50 feet of space, the berm would not be in our faces,” said Mansell.
Mansell told the board that he was informed by legal counsel that unless this 50 foot is conditioned now, there is no guarantee his recommendations will be fulfilled at site plan time. “The only way to protect us is to give us a little more space.”
Mansell declared that he understands that it is money out of the developer’s pocket, but that it was less than a half-acre of the 271-acre project. “If you give us the extra 50 feet, that will really protect us.
Supervisor Robert Giza interjected that there was already a 100-foot buffer area and that the berm would take up 54 feet of that area, leaving only 46 feet between the berm and the subdivision residents. “So, you’re asking for another 50 foot?”
Mansell replied that he is asking for a 100-foot buffer and then the berm, which would be on Marrano’s property.
Martucci at that point interjected that they had dealt in good faith with the Traceway residents and offered a compromise and agreed to a rezone condition whereby they would not construct a building within 150 feet of a resident’s property line.
Developer threathens lawsuit
“I am not saying there will never be a chance for a berm,” said Martucci. “But, we will not accept that as a condition for the rezoning. If it is a condition of the rezoning, we will sue the town because the town has jurisdiction over only 50 feet. The town code says 50-foot setback (building to property line)and we’re giving you more than that. We are giving you 150 feet as a good faith gesture.”
Councilman Ron Ruffino cautioned Mansell that if the rezone were not approved, he would most likely have a three-story office building within 50 feet of his property.
Mansell interjected that there was no market for an RCO project and that the NB zoning could lead to businesses being open 24/7.
Condition legality questioned
Councilman Dan Amatura inquired about the legal ramifications should they grant a conditioned rezone and the property is later sold by Marrano to a commercial developer. “What if that developer claimed the condition instated was a hardship to him and wanted the condition removed?”
Martucci: “He has to live by that condition.”
Amatura: “I want to hear what our town attorney says about this. That the next guy can’t come in and sue us.”
Councilman Donna Stempniak interjected that “the buyer of the Marrano property bought the property with full knowledge of what the conditions are.”
Amatura: “But if that buyer says that condition has put a hardship on him?”
Stempniak: “Then he has to go to the zoning board and prove hardship, which is very difficult because it’s a self-made hardship because they bought the property with that restriction in place.”
When Amatura asked Town Attorney John Dudziak’s opinion on the matter, he replied that he would have to research it. Considering the board approved the rezone, much good that’s going to do.
Rezone determined as fair compromise
Mansell voiced that this was the time to research the legality of condition if property transfer should occur.
If the board elected to deny the developer’s request to change the current residential commercial office zoning designation to neighborhood business, Martucci said, he would have no choice but to return with a site plan for an office building. “Then you could have a building 50 feet from your property line.”
Stempniak stated that she thought the compromise was fair. She declared that if the rezone was not conditioned as is now and approved, she would not be able to get the residents a 150-foot buffer from the building during site plan review.
Stempniak: “If this is not approved, you could wind up with a 50-foot setback and a berm in your back yard if the developer decides to pull this application and build his proposed office park.”
Councilman Ronald Ruffino Sr. interjected, “It’s certainly a lot more than what the residential commercial office zoning offers today,” he said.
Public comment session
The board was asked for clarification on whether parking would be allowed in the 150-foot buffer area between the building and the resident property line.
Stempniak explained that the building would have a 50-foot set back, meaning that nothing could go in the remaining 100-foot buffer area.
That is the area where the berm could go.
© Copyright 2008 by Speakupwny.com
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