Don Grasso, David Monolopolus and I have commenced a proceeding against the Town of West Seneca and Canisius High School.
The Town issued a negative declaration under SEQRA when, we contend, that they should have completed an full Environmental Impact Statement over the effects and potential effects that the athletic field Canisius is intending to place on land at 2448-2869 Clinton Street in West Seneca would have. Particularly since Canisius states in their SEQRA submission severe environmental effects on ground water, surface water runoff, erosion and other long-term changes when the parcel borders on a federal wetland and is located in large part in a 100 year flood-plain (see paragraph 71 of the petition for more details).
After they issued a negative declaration the Town then issued a build permit for Canisius to commence this project. It is our position that the property is zoned residential and an athletic facility is not permitted there unless they obtain a use variance or have the property re-zoned. In fact Mr. Czuprynski represented to the public that the zoning for this type of use would be C-1, he then backed off and said that this is an accessory use to a school. However according to the West Seneca Town Code a use can only be an accessory use to a permitted principal use on the same parcel. Canisius High School is located in the City of Buffalo.
Also what is interesting is that Canisius had to apply to the State for a variance relative to the placement of a fire hydrant. In that application Canisius represented to the State that the intended use was for business and storage not educational. More than likely if they said it was for educational use they would not have been granted the variance or at least on the terms they did receive it. Furthermore they claimed that to comply with the requirement for the fire hydrants would cause economic hardship.
The Verified Petition is available at http://www.upstate-citizens.org/GMW-...d-Petition.pdf (it approximately 10 MB).
The Order to Show Cause is available at http://www.upstate-citizens.org/GMW-WS-OSC.pdf