Sidewalks..cess pools and easements, the saga of St Anthony and Rose streets

[4248]

Its funny how people don't see - in many, if not all of these issues - its local Government that actually created them !

Councilman/Planning Liaison Donna Stempniak routinely issues the "side walk waivers" to relieve contractors responsibilities and cost to developer's. Did she approve waivers on these lots ?

Question on these lots being kept open for future expansion?

Were these "reserved access lots" included in the original plans approved by the Town ?

Were they shown as "Paper roads" when the Planning Board & Town Board Approved that subdivision ?

[Lee Chowaniec]

Frank Broughton wrote:

Lee just admit it, you are a big government man plan and simple You think money grows on trees and think the government has the answer and should be the answer to all problems of society.

Congratulations, you have just outdone yourself in absurdity claiming I am for big government when I in fact for the 12 years I have been posting on this site have opposed and/or challenged government supporting and/or mentoring groups who had a legitimate cause to do so. I t has nothing to do about growing government, (and/or political parties) but holding it accountable and having good governance as a result.

Maybe so on your last statement, I make such a big deal about this because it shows how ridiculous we have become as a society and this entitlement mentality. It also shows how people think it is the GOVERNMENTS job to take care of everything. It is such a minor issue, to demand that government do something about it, is ridiculous. We have MILLIONS of way more important issues that need our attention.

Wehner and the residents of St. Anthony and Rose Streets are petitioning the town to have the property owner remedy the pond condition and add the sidewalk as both are his responsibility. Are you saying they have no right to petition their government for relief from something they think is negatively impacting their lives. Do you equate that to asking for more government?

It also shows how selfish we have become as a society. This me me me mine mine mine petitioning of government HAS to be called out as ridiculous, as it totally wastes time that should be dedicated to REAL issues. Plus in the long run it causes politicians to do things behind doors for they know the gadlflys and naysayers will simply be negative about everything. The fruit of phony petitioning hurts society.

Where you and your ilk see negativity, those regulars who attend town board meetings have come to see that you can wipe your behind with the correspondences sent to the town, planning and zoning boards. Many phone calls are also never returned – unless of course you are an insider or connected to one. It is only by direct contact at board meetings that anything relevant is accomplished.

Yes, people have a right to petition government, just as I have the right to point out when one (one, not being just this case, it happens all over in our local towns) doing so has selfish motives and in reality is NOT helping society.

The residents of St. Anthony and Rose are petitioning for relief because of perceived safety concerns – especially for the children. That a bad thing; a selfish thing?

This is an important issue, one that needs to be addressed if we are to advance as a society, we are fast regressing in America. Selfishness is killing us as a people

.
You dare compare this to the national give-away programs? There is no need here for more government and no expense to government.

I reject the whole premise of the petition. I bet the kids love that open lot and use it for ball playing, look there is even a basketball hoop set up there. The keep off my grass grumps cannot complain there.

Your pics show a lot that is in much better shape than when I saw it. Your pic of the pond clearly shows the need of dredging; and if you would have bothered so does the remainder of the pond that is adjacent and up to lots 23-25 on St. Anthony. The owner, BalPer has never cleaned the pond - his property and responsibility. The Building Department did years ago because the neighbors were complaining back then. Shouldn't the question here be why the town took it upon itself to clean the pond and not cited and fined the property owner.

The town is reticent on enforcing codes but is quick to amend a code when it suits their purpose. Can you say rezone/Fairway Hills and where the town pimped for the developer and did his bidding.

[Frank Broughton]

This NOT a safety issue Lee, please.... not even a liar can come up with a lie big enough to stretch this into a safety issue. We used to play hockey in street way more busier than that. Do not give me this safety garbage. As for the pond being unsafe, better not step foot in Niagara Falls State Park, Franklin Gulf, or Zoar Valley ---- one who thinks that pond is dangerous would die of heart attacks there.

This is about whining and trying to make politicians look bad PERIOD! Politicians I would never vote for, for sure even, but this is not the tool to use to get rid of them. It makes us look like loons and people DO see that, and ignore the real things we have to say about said politicians.

Congratulations, you have just outdone yourself in absurdity claiming I am for big government when I in fact for the 12 years I have been posting on this site have opposed and/or challenged government supporting and/or mentoring groups who had a legitimate cause to do so. I t has nothing to do about growing government, (and/or political parties) but holding it accountable and having good governance as a result.

No, it is asking them to be bigger and have more control. We do not need government nit picking on this level. That is the mantra of big government. How can you not see that?

Wehner and the residents of St. Anthony and Rose Streets are petitioning the town to have the property owner remedy the pond condition and add the sidewalk as both are his responsibility. Are you saying they have no right to petition their government for relief from something they think is negatively impacting their lives. Do you equate that to asking for more government?

I already said they have a right to do so, miss that? There is zero impact on life with the two issues being petitioned. Whining and nitpicking it is for sure. So yes, it would require over bearing big government to take action about a ZERO impact issue.

[gorja]

I would say the sidewalk thing isn't that much of a safety issue with the unconcreted ground being at the same height as the sidewalk. It's not like people are forced to walk in the street. I believe the sidewalk issue on County roads which have much higher traffic counts than in the St Anthony/Rose St area and NO sidewalk are the roads with safety issues. Aurora St south of the village, there is a very narrow shoulder and no sidewalk. That's a safety issue.

[Wehner]

Lee: if FB were making the decisions the Wal-mart parking lot and loading docks would be at your back door!!!!!

[Wehner]

Gorja, with that kind of attitude I think there might be a spot for you on the planning board. NO SIDEWALkS for subdivisions you are a developers dream come true.

[gorja]

There was vacant lot in the development where my grandchildren live with no sidewalk for years. It didn't really seem to be an issue. The lot wasn't leveled off as nicely as the one in Broughton's pics. One lot isn't an issue compared to miles of roadway. They put a sidewalk to the high school but not to the middle school for the students who live south of the village. They're given a narrow shoulder and a ditch.

[Lee Chowaniec]

Okay, let’s get to the nitty-gritty. Let’s not concentrate on what was and who has what, or what not, but on the sidewalk code and how it applies here and now to this particular subdivision. The following are some excerpts from the code.

Sidewalk Requirements:

1. Sidewalks will be required along the entire street frontage of a lot or parcel that abuts an arterial or collector street on any and all town streets or county or state highways when the lot or parcel is developed, unless expressly waived by the Town Board.
2. [Amended 5-5-1986]

1. Where new house construction takes place, sidewalks are required. Until the lot is developed no sidewalk is required. The town told that to Wehner. Therefore no sidewalk is required until the property is developed in some fashion which will never happen unless development takes place behind the Rose Street properties. Then the property will most likely used as an access road to Rose.

Care by owners or occupants.
A.
The owner or occupant of any premises adjoining any street where a sidewalk has been laid shall keep the sidewalk on such street in good repair and free and clear of snow, ice, dirt and any other material or substance. For the purpose of snow and ice removal, such sidewalk shall be cleared to a minimum width of two feet the entire length thereof. In the event that such snow and ice is frozen so hard that it cannot be removed without material difficulty or injury to such sidewalk, such owner or occupant shall cause sufficient ashes, sand, sawdust, salt or other suitable material to be spread thereon so as to provide a safe path at least two feet in width the entire length thereof. As soon thereafter as weather permits, such owner or occupant shall thoroughly clean said sidewalk.


2. What is the responsibility of the property owner of a vacant lot without a sidewalk during heavy rains and resulting muddy conditions, or with snow removal requirements in the winter? Where is the concern for safety then?

B.
Liability of real property owner for failure to maintain sidewalk in a reasonably safe condition.
(2)
Notwithstanding any other provision of law, the owner of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, shall be liable for any injury to property or personal injury, including death, proximately caused by the failure of such owner to maintain such sidewalk in a reasonably safe condition. Failure to maintain such sidewalk in a reasonably safe condition shall include, but not be limited to, the negligent failure to install, construct, reconstruct, repave, repair, or replace defective sidewalk flags and the negligent failure to remove snow, ice, dirt, or other material from the sidewalk.
(3)
Notwithstanding any other provision of law, the Town shall not be liable for any injury to property or personal injury, including death, proximately caused by the failure to maintain sidewalks in a reasonably safe condition. This subsection shall not be construed to apply to the liability of the town as a property owner pursuant to Subsection B of this section.
A.
Any violation by a person, firm or corporation of any provision of Chapter 12, Sidewalks and Streets, of the Code of the Town of Lancaster, New York, shall be deemed an offense punishable by a fine not to exceed $250 or imprisonment for a period not to exceed 15 days or both; provided, however, that for the purpose of conferring jurisdiction upon the courts and judicial officers generally, such violation shall be deemed a misdemeanor and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations.


3. But there is no sidewalk. So they get a pass?

So the homeowners of St. Anthony and Rose were required to pay for and install sidewalks, maintain/repair/replace them if need be, keep them clear of ice and snow in the winter or be cited and fined while the property owner with the vacant lot has no such requirements or care. This code sure levels the playing field, not!

[gorja]

Why is it that the 5 Ryan homes including their sales center on Pleasantview in front of the Cross Creek development have no sidewalks, yet the 7 or 8 homes west of them do have sidewalks?

[CamaroDave]

The pictures Frank posted show the gazebo in the best condition it's been in 3 years. Why, because a month ago one of my neighbor's had enough and spent the day cleaning it up. The picture(s) were also taken right after the town mowed those properties. Last year we asked the town if we could clean the gazebo and add more shrubs, flowers and mulch...at OUR expense not the towns. They told us no because it's private property. My neighbor simply got fed up and cleaned it as best he could.

The pond has become a literal s#!t hole. The cat tales are completely over grown and cover 2/3's of the open water.

The 75' of missing sidewalk is a pathetic excuse by both the town AND the developer/property owner. It is also littered with chunks of concrete, glass, and other building materials.

Frank, your pictures are completely one dimensional and do not show the true nature of what is going on. We have asked the builder why the sidewalk is missing and they give us one story. So we went to the town who have claimed a different story. Our elected representative has written on our community facebook page on multiple occasions that he will look into these matters and get back to us but he hasn't. Nothing is being done and no answers are being given to us. That doesn't constitute a crybaby attitude, it's simply good hard working residents who give a damn about the safety AND appearance of our community. We are NOT asking for a handout, we are asking what can be done to make it better.

[NY The Vampire State]

Wow... cat tails in a pond turn it into a **** hole... really?! I got to side with Frank on this one. Way too many pussies in Lancaster and really abroad. Toughen up sweethearts.

Busybodies with nothing better to do than expect Government Inc to solve all the problems.

In fact, it's this same mentality that forced the developer to dig that retention pond and now that nature is taking its course you guys want to gripe about it? It's not like it's a toxic waste dump, what's all the bitchin about. I can't believe we are at the point where people complain about a healthy swamp area that's actually more beneficial than some bare clean cut "retention pond" . Those chemically dyed and sterilized ponds you see with bright blue water and no fish, vegetation or frogs AREN'T NATURAL.

[NY The Vampire State]

The pictures Frank posted show the gazebo in the best condition it's been in 3 years. Why, because a month ago one of my neighbor's had enough and spent the day cleaning it up. The picture(s) were also taken right after the town mowed those properties. Last year we asked the town if we could clean the gazebo and add more shrubs, flowers and mulch...at OUR expense not the towns. They told us no because it's private property. My neighbor simply got fed up and cleaned it as best he could.

Also, in response to Camaro Dave,


I'm guessing those pictures are from Google Street View and definitely taken at least a year ago as there are no leaves on the trees. So the gazebo looked good before. You guys sound like renters that expect the landlord to wash their windows and clean the stove. Its ridiculous, and I still don't understand the mentality that you can't live next to an open lot. Who cares if it's not maintained. I'd rather look at a vacant lot than have some screaming kids and barking dogs next door. What are you afraid of if the grass isn't mowed exactly two inches twice a week? Welcome to suburbia.

[4248]

In fact, it's this same mentality that forced the developer to dig that retention pond and now that nature is taking its course you guys want to gripe about it? It's not like it's a toxic waste dump, what's all the bitchin about. I can't believe we are at the point where people complain about a healthy swamp area that's actually more beneficial than some bare clean cut "retention pond" . Those chemically dyed and sterilized ponds you see with bright blue water and no fish, vegetation or frogs AREN'T NATURAL.

Once again - I hope your joking ! The reason "retention ponds" were built was to help slow down developer created water run off onto other peoples properties.

Because the areas being filled for the develoers used to naturally retain the water and "natural" filter and return it to the local water table. Its natural recycling at its best.

Now, you claim the retention ponds maybe unsightly - but "It's not like it's a toxic waste dump" - well according to what goes in them - they will be ! Retention ponds filter and hold mainly rain water - now here's the problem your obviously unaware of. The water funneled into those ponds have traveled over asphalt pavement - asphalt shingles - back yard lawns treated with chemicals - soaps and sprays used to clean siding and cars - they have been found to contain toxic levels of other chemicals as well.

They are not meant for recreational use and its unfit for humans or pets to swim in. Just ask any Town Official if its safe to enter one of them ! They are supposed to inform owners that even though some are advertise as "Water Front Pond lots" - these are not "ponds" they are playing fast and loose with their words. Yet ask that developer, salesperson to put the word "pond" in written form - they wont - they can be sued.

Now to your point of "You people want Government to fix everything for you" - well again your way of target ! Many of us warned the Town Government over twenty years ago about the future hazards they were creating. We warned them about destroying natures wetland water filters ! We showed them how these projects weren't going to correct any infra structure issues.

They kept saying, "Farm Land doesn't produce enough tax revenue for us to provide new services" - "building more will spread the tax burden of futures roads, bridges, sewers and water lines among more people" - and a few other assorted lies.

The only thing they actually increased was patronage jobs with inflated pay checks and benefits - nepotism with positions for friends and family - bloated government and tax increases - OH and a future full of the prospect of ever increasing taxes - did I mention increased taxes ?

[NY The Vampire State]

No one said anything about sending the kids out for an afternoon swim. In fact, you'd actually make it safer and less appealing for the kids to g near it if it's left to become "overgrown" . Now, why these idiots in suburbia keep spraying their lawn with God knows what is beyond me too, but that's for a different thread. By demanding a fence be put around the thing you do want government to do your job. How about as a parent you just tell your kid not to go near it. Thousands, heck millions of kids grew up just fine without fences around us. Enough is enough. Personally if the kids were old enough I'd tell them to go out and have fun, be respectful and don't get run over. Are we going to put fences around everything now? Roads, rail road tracks, ponds, lakes, ditches, big trees good for climbing and as Frank suggested Niagara Falls and Zoar Valley!? It gets outrageous.

I see the same thing going on in Clarence. All these people move into these subdivisions and whine. They want more parks, they want little league, they want pretty flowers, they want Astro Turf, they want this, they want that. Its like a hundred little Alan Bedenkos walking around thinking money comes from tree's. The people that end up footing the bill for all this crap are the people that have been in the town for generations and don't even use the stuff. It sucks

[4248]

For the most part we agree - sort of !

Maybe if Politicians quit pandering to the soccer moms, the football daddies and the status minded home buyers -

Once again - we wouldn't have these issues ! They instigate these issues during campaign/voting season - "Vote for me - your kids need more recreation areas" - "Look at all the new football fields we built for you" - "How about we build a batting practice building for a few millions - will you vote for me then - the other guy wants to cut spend" -

Your correct - we objected to all this from day one - they didn't listen !

OH yes - the "Ponds" - we warned them about those to ! But given your logic - instead of buying home owners insurance - just tell the kids not to go near them - then when someone gets hurt - just tell their personal injury lawyer - "I told the kids to stay away - so you cant sue me" - let me know how that works for you ?

Besides - what kind of selling point would that give you -

"OH look we have a pond in the back - but it may contain toxic residue and is not fit for human use" -

The good thing is - we have parks, soccer fields, batting cages, tennis courts, jogging tracks and OH I forgot - you might need a $3000.00 dollar a year extra flood insurance policy> and if your basement walls crack - dry wall shifts - it might be because we built your home on filled wetlands or over a area that contains a abandoned salt mines (Clarence) !