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Thread: SPR2021-5 Canisius Athletic Fields

  1. #1
    Member dtwarren's Avatar
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    SPR2021-5 Canisius Athletic Fields

    To date this Town has had a dismal record of meeting its obligations to its citizens by failing to honor its obligations in reviewing the effects of its approvals for various projects has on our environment as required by the State Environmental Quality Review Act (“SEQRA”). It is completely unfathomable that this Town has not had before it a single project that did not present potential adverse environmental effects that would require a positive declaration and a full environmental review since at least 1979.

    We will now see how the current administration takes its responsibilities to our environment. There is currently a project before the Town to add baseball diamonds to the Canisius Athletic Fields. This is clearly a Type 1 action under SEQRA. When a proposed action is classified as Type I, the threshold for requiring an Environmental Impact Statement (“EIS”) is relatively low, for this classification carries with it a presumption that the action is apt to have a significant effect on the environment, and consequently that the detailed evaluation provided by an EIS is required prior to decision-making.

    When this project appeared before the Planning Board on April 8, 2021 the members of the Planning Board appropriately recognized that this project poses potential issues and tabled the consideration of this project.

    I am calling on our Town officials to issue a positive declaration relating to this project so that all the environmental effects can be studied, reviewed and mitigated prior to approving this project. I am also asking the Planning Board to reopen the public hearing after the SEQRA forms and studies are provided to the public for the public to have their say on this project after having a full opportunity to review the materials and hear the other issues related to this project. A copy of my request is available here: https://www.scribd.com/document/5045...oard-SPR2021-5

    Let us see how seriously the current administration takes these issues and their obligation to our environment and our community.
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

  2. #2
    Member dtwarren's Avatar
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    This project will be addressed again at the upcoming Planning Board meeting on May 13, 2021. Please get your position on this issue known to them: http://www.westseneca.net/government...g-18#gsc.tab=0
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

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    Member dtwarren's Avatar
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    So at the June 10, 2021 Planning Board meeting the Board issued a conditional approval of the site plan review application without completing the SEQRA process. I have commenced an Article 78 proceeding to annul this approval on this, and other, grounds.
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

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    Member dtwarren's Avatar
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    This project was supposed to be addressed at last week's Planning Board meeting but it was tabled at Canisius' request.
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

  5. #5
    Member dtwarren's Avatar
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    This project is to be considered at the October 14, 2021 Planning Board meeting. It is clear that not all involved or interested agencies as well as the public have not been included nor provided with all of the material related to this project: https://www.scribd.com/document/5291...R2021-5-093021
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

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    Member dtwarren's Avatar
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    This was tabled at the October 14, 2021 Planning Board meeting. I have since learned that the NYSDOT appears to be an involved agency but has not been so designated or included in the coordinated SEQRA review: https://www.scribd.com/document/5328...R2021-5-101521
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

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    Member dtwarren's Avatar
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    In response to my FOIL request the NYSDOT has confirmed they have no information on this expansion: https://www.scribd.com/document/5385...esponse-Letter
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

  8. #8
    Member dtwarren's Avatar
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    This matter will be heard by the Court on April 21, 2022.
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

  9. #9
    Member dtwarren's Avatar
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    The Amended/Supplemental Petition/Complaint is available here: https://www.scribd.com/document/5628...ields-Petition
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

  10. #10
    Member dtwarren's Avatar
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    Yesterday, Judge Siwek vacated the Planning Board's conditional approval of the Canisius site plan and remanded it back to them for a new determination.
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

  11. #11
    Member dtwarren's Avatar
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    On July 14, 2022 the West Seneca Planning Board gave final site plan approval to Canisius for the expansion of its athletic fields on Clinton Street. It previously issued a negative declaration under SEQRA on June 9, 2022. I commenced a new legal challenge to these determination on July 15, 2022. As soon as a Judge is assigned I plan on moving for a temporary restraining order preventing Canisius from developing this land pending judicial review of these approvals.

    https://buffalonews.com/news/local/e...37b15eb31.html
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

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