Rezoning and Special Use Permit Hearing

[Roberta]

My parents were notified of a Planning Board meeting public hearing this Thursday regarding a new development of senior housing to be located next to the Senior Center and Little Loop football field off Seneca Street. The project would include two facilities - one is 47 living units and the other is 76 units. It is unclear from the notice whether these include apartments or what. There is no information about whether the SEQRA process has been complete. Last time I inquired about that parcel, I was told that it would not be able to hook up to the sewer because that section of the Town's sewer system is under a Consent Order due to SSOs (that is, sanitary sewer overflows - direct discharges of raw sewage into creeks due to capacity problems). Drainage is the big issue for the houses downslope from this project (i.e., my mom and dad, and others). I will try to find more information and post.

[WNYresident]

Well if the builder is connected to the townboard they will probally over look any issue.

[dtwarren]

I believe this is the People, Inc. project that was referred to the Planning Board for a Site Plan Review at the last Town Board Meeting. I cannot believe that SEQRA could have been complied with in this short period of time, but this is West Seneca and we never issue a positive declaration under SEQRA!

[WNYresident]

Well you guys might have that built without thought on how it will effect your homes. As some of the home owners in Lancaster how some developments effected their yards and drainage issues.

I can't be 100% sure, but I believe Perritano and John Gullo, Town Fire inspector are the property owners...

Do you really need senior housing? You know the traffic that's going to generate near that area?

They should do the responsible thing and look for an area in buffalo they can reclaim and build it there.

[therising]

They should do the responsible thing and look for an area in buffalo they can reclaim and build it there.

Senior housing projects always look to be in the area where the prospective tenants, or their families, live. This way, the seniors are already familiar with the area, and it's convenient for their families to visit.

I really wouldn't want to put my parents on the East Side. Many people in this area probably have parents who moved from the East Side. But, if you want to make that statement, and, say "Hey folks, now that you're old, we're shipping you back to the place you escaped from 20 years ago", go ahead and be my guest.

Can anyone think of a better place to put Senior apartments, than, next to a Senior Center??

As far as the sanitary sewer goes - so, they'll use a septic. What's the big deal?

Anyway, I think the parcel will need a rezoning, so that should be the play for anyone who thinks it's imperative to fight this thing.

[Roberta]

I have not been able to get through to anyone at the Town. The phone rings and rings. I have not been able to find anything in past PB minutes, except some indication that this is a People, Inc. project. Nothing about SEQRA on line, of course. I have prepared a comment letter that I am submitting by email today and my parents will be handing the Town Clerk a signed copy. I have one point of confusion - given that Town Law Section 265 gives re-zoning authority to the Town Board, how is it that the Planning Board is conducting the Public Hearing? I don't have access to case law research tools right now but that strikes me as questionable. If the Town Planning Board issues a negative declaration on this project, they would be on shaky legal ground.

If anyone is interested in reading my comment letter, please email me and I will send you a copy.

Roberta

[dtwarren]

Below is the text of my letter:

July 10, 2008

Robert Niederpruem Jr., Chairman
Planning Board of the Town of West Seneca
Town Hall VIA FAX: 677-4330
1250 Union Road
West Seneca, New York 14224

RE: People, Inc. Senior Housing Development Proposal
4592 Seneca Street
Site Plan Review, Rezoning and Special Permit

Dear Chairman Niederpruem:

I am writing as a concerned citizen, taxpayer and voter of the Town of West Seneca. Please include these comments in the record of Public Hearing to be conducted on today’s date for the rezoning and special permit for the proposed People, Inc. Senior Housing Development.

I have been informed that the subject property is located within a Town Sewer District that is already suffering from capacity and overflow problems and is operating under a Consent Order issued by the New York State Department of Environmental Conservation. This project should not be approved until the Town has corrected already existing problems. No new connections should be approved unless the applicant provides financial contribution to sewer system upgrades to handle their capacity particularly since this property will more than likely be tax-exempt.

Input should also be received and considered as to what burden this facility will put on other Town resources such as Police, Fire, and other services.

Since this application involves a Site Plan Review and a Rezoning and the issuance of a Special Permit two separate SEQRA proceedings should be undertaken since each appears to be a Type I action under SEQRA. The legislative act of zoning has been characterized as a classic planning activity that commits an agency to a future course of action whereas permit or approval actions are viewed as possibly the most readily recognizable (see, 2 Gerrard, Russo, Weinberg, Environmental Impact Review in New York § 2.03 [1][b], at 2-74, §2.03 [3][a], at 2-86).


By issuing a “positive declaration” and requiring an Environmental Impact Statement to be prepared, the Town of West Seneca would be better able to evaluate all of the environmental, social and economic impacts of the project as well as any mitigation measures. SEQRA allows the Town to hire consultants to review the environmental impacts, including traffic and sewer specialists, at the expense of the Applicant. There would be no cost to the Town by delaying approval of the project so that impacts could be more thoroughly studied and protection of existing Town residents could be guaranteed.

This Town has a dismal record of SEQRA compliance and it appears that the Town merely rubber-stamps negative declarations without any analysis which leaves it to concerned citizens to watch out for their own environment rather than the Town protecting its citizens and their environment.

Please do not consider the application of People, Inc. for Senior Housing Development until and unless an Environmental Impact Statement has been prepared and all issues are given full and proper analysis after public input.


Sincerely,


Daniel T. Warren


cc: Wallace Piotrowski, Esq., Supervisor (VIA E-Mail)
Patricia DePasquale, Town Clerk (VIA E-Mail)
Town Board of the Town of West Seneca (VIA E-Mail)

[Spirit of Ebenezer]

Last time I inquired about that parcel, I was told that it would not be able to hook up to the sewer because that section of the Town's sewer system is under a Consent Order due to SSOs (that is, sanitary sewer overflows - direct discharges of raw sewage into creeks due to capacity problems).

I'm curious, may I ask who informed you of this or could you lead us to where this information is available for others to check into ? Dan do you have anything to show where this is the case regarding the SSO problem ?

[Spirit of Ebenezer]

I forgot to ask when this consent order was rendered by the state and is it forever standing ? Also, what is required to seek changes pertaining to this order ?

[therising]

DTWarren - Serious question here ----What's the last new project in West Seneca that you supported?

[dtwarren]

The Walgreens at Mineral Springs and Harlem. It was appropriately zoned and resulted in a much cleaner and well planned retail space than the Rose Bowl. I am not so sure that I oppose the Senior Center. I believe that all the information should be laid out and examined before an opinion can be formed. What I am opposed to is blindly approving projects without such discussion and then reacting to problems that arise.

[dtwarren]

I forgot to ask when this consent order was rendered by the state and is it forever standing ? Also, what is required to seek changes pertaining to this order ?

I am not sure of the exact details. However it is refered to in the 5/16/05 minutes of the Town Board (item 8-B http://www.westseneca.net/bdmin05/mi050516.html ):

"Town Engineer George Montz stated that the town was under a consent order for West Seneca Sewer District #13 and was being requested to minimize sanitary sewer overflows. He did not know what the impact of this car wash would be. "

[CSense]

The Walgreens at Mineral Springs and Harlem. It was appropriately zoned and resulted in a much cleaner and well planned retail space than the Rose Bowl. I am not so sure that I oppose the Senior Center. I believe that all the information should be laid out and examined before an opinion can be formed. What I am opposed to is blindly approving projects without such discussion and then reacting to problems that arise.

The irony is that although it takes a little time to do things the right way, developers would have the green light probably 99% of the time, it's when they try to "expedite" the process that things get screwed up (lawsuits, etc) and that it actually take longer than if they followed the rules. Insane!

[Roberta]

I forgot to ask when this consent order was rendered by the state and is it forever standing ? Also, what is required to seek changes pertaining to this order ?

Here is the excerpt from the May 24, 2004 Town Board meeting authorizing Paul Clark to execute the Order on Consent. I have a copy in my files, but my files are boxed up at the moment as I have recently moved to Virginia. My recollection was that the NYS DEC put the Town on a 15 year schedule for compliance so the costs could be spread out over time. The best person to talk to would be Gerry Palumbo at the NYS DEC Buffalo Office. If you try to get the documents by FOILing the Town -- GOOD LUCK!!!!!! If I recall, the Town didn't get serious about signing the Consent Order until a guy by the name of Secord hired Craig Slater to sue the Town for violating the Clean Water Act by these raw sewage discharges. I have a copy of that Notice of Intent to Sue letter too ...... somewhere in my boxes. It is a tough situation for the Town because if they didn't release the discharges, then certain neighborhoods would experience sewage backups into their homes. I'm no engineer but it would seem like more homes connected to the system would only make the problem worse.

As to your other Q, I'm not sure if a Consent Order could be amended by mutual consent or if an ALJ would have to bless it.

[Roberta]

I'm curious, may I ask who informed you of this or could you lead us to where this information is available for others to check into ? Dan do you have anything to show where this is the case regarding the SSO problem ?

I saw a For Sale sign on the parcel and was interested in purchasing it, as it is close to my parents' house. I asked the Town engineering office if it was part of the area that was under the Consent Order and I was told that the property could not hook up to the sanitary sewer until repairs were made to the main system. Given the sewer issue, I thought they were asking too much money for it so I didn't look into any further.