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Thread: Public hearing Rezone Childcare center property

  1. #1
    Member gorja's Avatar
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    Public hearing Rezone Childcare center property

    From the planning board minutes





    Will those conditions be enforceable? I seem to remember issues with the enforcability of the Walmart conditions.

    Georgia L Schlager

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    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.

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    Member gorja's Avatar
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    Quote Originally Posted by Lee Chowaniec View Post
    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.
    Thank you, Lee. That's good to hear for the folks who live near the project

    Georgia L Schlager

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    Member Neubs24's Avatar
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    Kind of interesting that she is opening a second, seperate building vs. expanding the existing.

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    Member gorja's Avatar
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    On the positive side, by the list of conditions, it looks like the planning board listened to the neighbors concerns.
    I know the curb cut on Quail Run was a big concern and the lighting not to be glaring into their yards.

    At the last work session, Supervisor Coleman asked Councilman Abraham how the neighbors were the amended rezone application. His response was that he didn't know and that we'd find out on the 17th at the hearing.

    Georgia L Schlager

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    Member gorja's Avatar
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    This public hearing got way off task.
    The subject was for rezone.
    The hearing resulted in a character reference after character reference of the property owner.
    This resulted in much wasted time. Some residents could NOT sit any longer and had to leave
    before the nuts and bolts of the meeting.
    I was tempted to lay down as I'm an early to bed and early to rise individual.

    Georgia L Schlager

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    Quote Originally Posted by gorja View Post
    This public hearing got way off task.
    The subject was for rezone.
    The hearing resulted in a character reference after character reference of the property owner.
    This resulted in much wasted time. Some residents could NOT sit any longer and had to leave
    before the nuts and bolts of the meeting.
    I was tempted to lay down as I'm an early to bed and early to rise individual.
    The public hearing focus should have been on the site plan – a modified site plan that eliminated several item issues adjoining residents voiced concerns about, a deed restriction the applicant agreed to and conditions set to protect resident best interests.

    The redundant testimonials on the character of the applicant and her exceptional day care center operation should not have been allowed to continue. After listening for an hour of the repetitive dialogue I also left the meeting early and missed hearing the vote on the resolution agenda and follow-up public comment session.

    Another good reason for posting a recording of the meeting on the website.

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