If Judge Whelan's decision is not overturned on appeal and I lived in that sewer district I would be consulting an attorney if my problems get worse after construction of the project to sue Young Development and People, Inc. for private nuisance.
Perhaps Canisius can build their next project there, or move the school completely.
“We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson
Why create more sprawl?
Older people are old. They don't move fast and shouldn't drive sometimes. Ever see them? Just white knuckles on the wheel going 15 miles an hour?
Wouldn't the wise decision be in the City of Buffalo? Lower property taxes to start with than West Seneca.
Plus entry level care taker jobs would be available to people who don't have cars that live in the City. They would use buses and even that $500 MILLION DOLLAR train to no where to go to their jobs.
Why can't developers in WNY learn from their past mistakes or is it all about money?
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I got an idea let's make that area millionaire's row we can have huge mansions, beautiful landscaping and a country club. Let's call it the Cliff's at Caz Creek!!! Make sure it's gated so no peons from the rest of West Seneca can get in. Watch them all bitch then.
That's the idea! Less density, less people creating less poop to flow into the creek. Now you're catching on...
From the minutes of the March 7, 2011, WS Town Board Meeting:
On the question, Councilman Clarke distributed photos of the problems in Sewer District 13 and stated that in the month of February one of the five pumping stations in the sewer district pumped 17 million gallons of sewage. He referred to a recent newspaper article stating that NYS wants the EPA to clean up the creek and commented that Young Development’s proposed project will only add to the problem. It was not fair to the residents that have to pump sewage out of their basements and the problem should be fixed before further development is allowed. Councilman Clarke stated that this was a violation of the Clean Water Act and the Buffalo Riverkeepers should be notified of what is being put into the system. It is illegal under DEC regulations and Councilman Clarke asked Town Attorney Shawn Martin to put the EPA on notice.
Councilwoman Meegan stated that a few weeks ago she met with U.S. Senator Kirsten Gillibrand regarding the sewer concerns in West Seneca and they are legitimate concerns. There are millions of gallons of raw sewage going into Cazenovia Creek and the town is spending a million dollars in fines that should be used to help fix the situation. The developer is willing to do a 4:1 ratio and that sounds great, but not when you consider the millions of gallons going into the creek. Councilwoman Meegan recited figures from recent reports indicating the actual amount of raw sewage going into Cazenovia Creek at the various pumping stations and did not see where a 4:1 mitigation would make much difference.
Engineering Consultant Rick Henry stated that the 4:1 ratio makes a lot of sense when you look at overflows, but when 17 million gallons are being discharged into the creek it does not have a significant effect on that. Mr. Henry stated that a significant capital expense will be required to fix the problem and now was an opportune time to bond this.
Councilwoman Meegan stated that they needed to be responsible and ask for financial help to fix the sewer problem. She further noted that this developer is also in the PILOT program so he is getting tax breaks while polluting the creeks. Councilwoman Meegan stated that she was not opposed to seniors as Supervisor Piotrowski stated and she demonstrated that in the past when she made sure the senior citizens center was taken care of after it was left abandoned by the prior administration. She stated that Supervisor Piotrowski is worried about the seniors that don’t even live in the proposed building, while she is worried about the 10,000+ seniors that currently live in Sewer District 13.
Councilman Clarke stated that he is not against seniors but the project is not a perfect fit for West Seneca. He questioned if the town is being fined for the sewage that is being discharged into the creek and if the cost will go up if the number of gallons is increased.
Town Attorney Shawn Martin stated that the town pays a license fee to discharge sewage into the creek, but he did not know if the fee was calculated by the number of gallons that were discharged.
Supervisor Piotrowski questioned if Mr. Martin had reviewed Judge Whalen’s decision and his legal opinion on the town’s ability to succeed after spending money on a law firm for the appeal.
Mr. Martin stated that he had reviewed Judge Whalen’s decision and spoke with the counsel hired to handle the appeal. It was their consensus and his that there are legitimate issues that should be appealed. This was clearly something that needed to be reviewed by an appellate body. There is also a companion lawsuit that is due in court on Wednesday and depending on that outcome there may or may not be additional appeals, consolidated appeals, and other avenues to reduce the cost.
Ayes: (2) Councilwoman Meegan, Councilman Clarke
Noes: (1) Supervisor Piotrowski Motion Carried
“We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson
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