Originally Posted by
Lee Chowaniec
Yes, site plan conditions are enforceable: from the following Speakup post:
February 5th, 2015, 01:08 PM #1
Lee Chowaniec
Site plan conditions are enforceable declares Lancaster Town Board
As luck would have it, I was unable to attend the Lancaster town board meeting this week, but I have heard from several other attendees that my "are site plan conditions enforceable" question was discussed and answered that they are indeed enforceable. We are speaking of site plan conditions that were instated to be enforced after the project is completed and conditions agreed upon by the project sponsor to be adhered to thereafter. Well, it only took 10 weeks and a lot of BS to get an answer – an answer that was a foregone conclusion.
My question pertained to all projects, but as an example I used the Transit Road/ William Street Wal-Mart store as an example. The store went into operation in 2009 and with rare exception followed the set conditions they agreed to – both in SEQR and in site plan documents. Until this past year, they have been good neighbors; so much so that the adjoining community overlooked infrequent site plan infractions and mediated the issues on its own.
Wal-Mart’s home office has been contacted and told they have to abide by the conditions they agreed to or they will be cited.