Developer's sequence change denied

[gorja]

Spaulding Green changes denied by town

by STEVEN JAGORD

Spaulding Green, a 380-lot subdivision north of Greiner Road and east of Goodrich Road, hit a roadblock during the Clarence Town Board meeting Aug. 27.

Ironically, an actual dead end may have been the culprit of its failure to move forward.

The development has 11 phases, featuring a mix of single-family, patio and apartment-style homes. Some of the phases farthest east are currently in development, while phase 10 — located adjacent to the existing Green Valley subdivision — are still in the planning stages.

Developer Domenic Piestrak had hoped to jump to phase 10, while changing the design of it from 36 single-family homes to 50 patio homes. The phase would then connect to Green Valley Drive, providing an exit onto Greiner Road.

However residents of the Green Valley subdivision say they were promised in 2008 when the overall plans were approved that phase 10 would be the last phase to move forward, alleviating the concern that there would be as many as 10 years worth of construction vehicle traffic on their small residential street.

“To change this is changing something that was agreed to when this project was set forth,” Councilman Bernard Kolber said.

Piestrak’s attorney argued that multiple projects have been able to make adjustments to their plans after initial approval. And while some residents spoke in opposition of the phase increasing from 36 to 50 lots, most of the criticism was levied at the connection to their dead end on Green Valley Drive — a feature of the project that was recommended by the Planning Board. Piestrak said he had no desire to connect Spaulding Green to Green Valley but had no choice.

“It was not our decision to connect the street — that was the town’s decision,” Piestrak said. “I have maintained that the people don’t want the road today or 10 years from now.


“We’re not demanding that we put this road in and that’s the ironic thing.”

According to James Callahan, town director of community development, interconnectivity between projects and neighborhoods like the one this connection would provide addresses issues like safety, traffic distribution and segregating neighborhoods.

The possibility of moving the project forward by stipulating that the connection could not be made until all phases of the subdivision are complete years from now was discussed. However without the connection, dozens of patio homes would be on a single cul-de-sac in violation of town code, which can only have a maximum of 14.

The amended concept plan failed to garner enough votes to receive a negative declaration under the State Environmental Quality Review Act. Piestrak can move forward with the already existing plan or bring another proposed amendment to the town.

“I felt that the residential sections of the project should be built in sequence, as promised by the developer in the original plan,” Supervisor Dave Hartzell said. “The numerous public hearings that were held on the subject gave the residents of Green Valley Drive a chance to express their displeasure with the developer’s plans, and my vote echoes their concern with the sequencing of the project.”

Great job Hartzell and company in not allowing the developer to deviate from his promise.

[4248]

[Genoobie]

Spaulding Green changes denied by town

by STEVEN JAGORD


Great job Hartzell and company in not allowing the developer to deviate from his promise.

Oh well, pretty soon with all the development, Clarence will look just like every other suburb. Congestion and empty plazas. Go progress!

[gorja]

The road is per town law. The developer indicated that the phase under discussion would be the LAST phase of the project which means not NOW. The developers see dollar signs with patio homes. The potential homeowners get the home that they want with about 40% reduction in taxes. It's just a way to screw the rest of the taxpaying residents who'll make-up the difference in what the patio homes real tax bills should be. If Albany would treat the 339-y condo law as it should be for apartment type condos in multi-storied buildings, the patio home people would be paying their fair share. It seems that the developers are pushing the envelope to get in as many patio homes with 339-y status as they can for fear down the road the law will be interpreted as it was meant to be, IMHO.

[gorja]

They did a 360 and approved it. Boooooooo. They're getting like Lancaster. From the Clarence Bee

Spaulding Green changes get OK’d; industrial park criticized
by STEVEN JAGORD
Editor
An amended concept plan to the Spaulding Green subdivision was approved during the Town Board meeting Oct. 8 despite the fact that residents of the neighboring Green Valley subdivision have spent months trying to stop it.

New plans call for 50 patio homes in the phase of the project closest to Green Valley that was originally supposed to be 36 single family home lots. The phase was also supposed to be the final one developed, but now will jump ahead of other phases.

Where's the story?
PointsMentioned Map4 Points Mentioned
Developer Domenic Piestrak argued that fluctuations in the housing market forced the changes in the phase design and that the need for power led to the change in the development schedule.

Residents came out to every meeting since the beginning of the year in which the Spaulding Green changes were on the agenda. Many worried about construction traffic that could go on for years as the phases of the subdivision are built out, but Piestrak will not connect Spaulding Green to Green Valley until construction on all phases is completed.

Increased residential traffic was also debated. Despite the concerns of residents, the board voted in favor of the changed plans due in part to concerns about legal issues that could stem from denying them.

“I am not really in favor of a developer not doing what they said they were going to do when they first came forward,” Councilman

Bernard Kolber said. “[Piestrak’s] attorney has pretty much given us indication that if we don’t approve this, they will take it to court in order to gain that approval. We’re not afraid to go to court, however our legal counsel has advised us that we would have a weak case and it could jeopardize many of the other agreements the applicant has made in terms of working with this project. I don’t think we want to put those at risk, especially since the connection is going to be there.

“Even though I am not in favor of it, I feel somewhat compelled to vote for it in the best interest of the town.”

The motion for the changes to Spaulding Green passed unanimously.

[buffalopundit]

They did a 360 and approved it. Boooooooo. They're getting like Lancaster. From the Clarence Bee

Spaulding Green changes get OK’d; industrial park criticized
by STEVEN JAGORD
Editor
An amended concept plan to the Spaulding Green subdivision was approved during the Town Board meeting Oct. 8 despite the fact that residents of the neighboring Green Valley subdivision have spent months trying to stop it.

New plans call for 50 patio homes in the phase of the project closest to Green Valley that was originally supposed to be 36 single family home lots. The phase was also supposed to be the final one developed, but now will jump ahead of other phases.

Where's the story?
PointsMentioned Map4 Points Mentioned
Developer Domenic Piestrak argued that fluctuations in the housing market forced the changes in the phase design and that the need for power led to the change in the development schedule.

Residents came out to every meeting since the beginning of the year in which the Spaulding Green changes were on the agenda. Many worried about construction traffic that could go on for years as the phases of the subdivision are built out, but Piestrak will not connect Spaulding Green to Green Valley until construction on all phases is completed.

Increased residential traffic was also debated. Despite the concerns of residents, the board voted in favor of the changed plans due in part to concerns about legal issues that could stem from denying them.

“I am not really in favor of a developer not doing what they said they were going to do when they first came forward,” Councilman

Bernard Kolber said. “[Piestrak’s] attorney has pretty much given us indication that if we don’t approve this, they will take it to court in order to gain that approval. We’re not afraid to go to court, however our legal counsel has advised us that we would have a weak case and it could jeopardize many of the other agreements the applicant has made in terms of working with this project. I don’t think we want to put those at risk, especially since the connection is going to be there.

“Even though I am not in favor of it, I feel somewhat compelled to vote for it in the best interest of the town.”

The motion for the changes to Spaulding Green passed unanimously.

50 $530,000 3500SF "patio homes" instead of 30 single family homes. Just awful.

[gorja]

50 $530,000 3500SF "patio homes" instead of 30 single family homes. Just awful.

Does that include a 40% reduction in taxes due to condo status? A $530,000 home taxed as a $318,000 home?

[WNYresident]

50 $530,000 3500SF "patio homes" instead of 30 single family homes. Just awful.

I believe they classify them as patio homes to get a tax break. I believe that is wrong. If everyone else is taxed on the value of their home this should be taxed based on the value of each. $530,000

[gorja]

I believe they classify them as patio homes to get a tax break. I believe that is wrong. If everyone else is taxed on the value of their home this should be taxed based on the value of each. $530,000

I'd be okay with the full tax bill less association fees

[gorja]

Here's an example.

This home sold for $510,000. It's assessed at $275,000.

9697 Garden Walk

Assessment Total $275,000.00 Total Land $45,000.00 County Taxable (Erie) $275,000.00 Town Taxable $275,000.00 School Taxable $245,000.00 Village Taxable $0.00 Equalization Rate 100% Full Market Value $275,000

Structure Year Built 2012 House Style 1 - Ranch Total SQFT 2590 1st Story SQFT 2590 2nd Story SQFT 0 1/2 Story SQFT 0 3/4 Story SQFT 0 Add'l Story SQFT 0 Finished Attic SQFT 0 Finished Basement SQFT 1113 Finished Rec Room SQFT 0 Finished Over Garage SQFT 0 Number of Stories 1 Overall Condition 3 - Normal Exterior Wall Material Alum/vinyl Bedrooms 3 Baths 3 Kitchens 1 Basement Type Full Central Air Yes Heat Type 2 - Hot air Fuel Type 2 - Gas Fireplaces 1 Garage(s) 3 Car Attached Garage(s) SQFT 701

Property Description Type Residential Use 210 - 1 Family Res Ownership Code C - Condo Frontage 70 Depth 155 Acres 0.24 Zoning Road Type - Water Supply 3 - Comm/public Utilities 4 - Gas & elec East Grid Coordinate 1136367 North Grid Coordinate 1092478 School District Clarence Central - 143201 Neighborhood Code 1032 Last Property Sale Sale Date 1/8/2013 1:57:23 PM Sale Price $510,000.00 Useable Sale NO Arms Length NO Prior Owner Name Rockwell Construction Inc, Deed Book 11236 Deed Page 9113 Deed Date 1/8/2013

Another one - Sold for $599,473. and assessed at $323,000.
9706 Garden Walk

Assessment Total $323,000.00 Total Land $45,000.00 County Taxable (Erie) $323,000.00 Town Taxable $323,000.00 School Taxable $323,000.00 Village Taxable $0.00 Equalization Rate 100% Full Market Value $323,000

Structure Year Built 2012 House Style 5 - Colonial Total SQFT 2354 1st Story SQFT 1785 2nd Story SQFT 569 1/2 Story SQFT 0 3/4 Story SQFT 0 Add'l Story SQFT 0 Finished Attic SQFT 0 Finished Basement SQFT 895 Finished Rec Room SQFT 0 Finished Over Garage SQFT 0 Number of Stories 2 Overall Condition 3 - Normal Exterior Wall Material Alum/vinyl Bedrooms 4 Baths 3.5 Kitchens 1 Basement Type Full Central Air Yes Heat Type 2 - Hot air Fuel Type 2 - Gas Fireplaces 1 Garage(s) 2 Car Attached Garage(s) SQFT 498

Property Description Type Residential Use 210 - 1 Family Res Ownership Code C - Condo Frontage 59 Depth 121 Acres 0.19 Zoning Road Type - Water Supply 3 - Comm/public Utilities 4 - Gas & elec East Grid Coordinate 1136440 North Grid Coordinate 1092675 School District Clarence Central - 143201 Neighborhood Code 1032 Last Property Sale Sale Date 1/30/2013 4:47:16 PM Sale Price $599,473.00 Useable Sale NO Arms Length NO Prior Owner Name Rockwell Construction Inc, Deed Book 11238 Deed Page 5098 Deed Date 1/30/2013

[grump]

Condominium status is a form of ownership; it's not a matter of building design. When the idiot Satish Mohan, in Amherst announced that he was going to put an end to this tax break for the "rich" he learned much to his surprise that many condo owners are older retired folks who are far from "rich". If you want change the state law better get to work. There are a lot of powerful interests in other parts of the state who don't care what you or I think. Hell, they don't even care what "buffalo pundit" thinks!

[buffalopundit]

Does that include a 40% reduction in taxes due to condo status? A $530,000 home taxed as a $318,000 home?

Yes. Not just a $530k home, but a "condo" or "patio home" that's bigger than most regularly taxed single-family homes.

[grump]

I suggest we put buffalo pundit in charge of correcting this injustice. He's a faithful follower of brother Barack Ebola and a blood brother Shelly Silver so I'm sure he can work to correct this issue. People, let's hold pundits feet to the fire on this outrage.