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Thread: Why have a zoning code?

  1. #1
    Member gorja's Avatar
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    Why have a zoning code?

    Why bother having zoning codes if the town denies a variance and the state reverses it?

    Town challenging state ruling on Thompson Brothers turbine

    by STEVEN JAGORD
    Editor
    New York State has intervened on behalf of a greenhouse owner’s fight to install a 13-story wind turbine on its Clarence property. And now the town is planning to challenge the state about it in court.
    Earlier this month, the state Department of Agriculture and Markets reversed the town Zoning Board of Appeals April decision denying Thompson Brothers Greenhouse — at 8850 Clarence Center Road — a variance to the town’s height restriction of 60 feet for a turbine 133.5 feet tall.

    4 Points Mentioned
    Now the town is challenging the reversal and has retained the law firm Jaeckle, Fleischmann & Mugel to defend the town’s stance that Thompson Brothers shouldn’t be allowed a turbine that tall.
    “Essentially, we will have to challenge the Agriculture and Markets decision,” Town Attorney Lawrence Meckler said. “They have decided the action taken by the Zoning Board of Appeals was not proper and therefore we should allow Thompson Brothers to put up the wind turbine. So now we have until July 31 to file an Article 78 against the state in Albany challenging the order.

    For more - http://www.clarencebee.com/news/2015..._Brothers.html



    Georgia L Schlager

  2. #2
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    While I personally respect the Town for fighting the height limit - its great to see local elected officials fighting for their codes instead of fighting residents to change codes for special interest groups or self interests.

    In Lancaster when a resident had a chance to get a cell town that would give his family a income - the Town Attorney and Supervisor blocked him from getting needed permits.

    Then they turned around and said all cell towers would be placed on Town owned property. While pretending to do this to steer the income to the Town - they also made one exception !

    No not for the individual who originally applied - they gave a Party Supporting Developer the permit to build a cell tower on his property ! While continuing to block out tax paying land owners.

    Its nice to see a local government that at least wants a level playing field and actual enforceable codes !
    #Dems play musical chairs + patronage and nepotism = entitlement !

  3. #3
    Tony Fracasso - Admin
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    In Lancaster when a resident had a chance to get a cell town that would give his family a income - the Town Attorney and Supervisor blocked him from getting needed permits.
    I'd put one up in a heart beat if there was an opportunity to do so.

  4. #4
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    Local zoning authority is increasingly being eaten away by state and federal govt. For example federal law pretends to maintain the integrity of local zoning the federal government and the state courts have usurped almost all local control over cell towers while maintaining the illusion of local control so that local authorities take the heat.

  5. #5
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    That was not the case in Lancaster - Supervisor Giza and the Town Attorney hatched the scheme to deny the home owner/taxpayer.

    Many times I wish the state or feds would have forced our Town to adhere to the zoning codes instead of changing them every time a developer needed them changed.

    Its bad enough a developer helped create our Towns "Master Plan"
    - the one they call a "Living Document"
    - in plain working mans language

    "Living Document" = "We can change it whenever we want to - You Elected Us"
    #Dems play musical chairs + patronage and nepotism = entitlement !

  6. #6
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    Well, I certainly won't try to address the corruption in Lancaster govt which has been Dem controlled for years and that's the equivalent of corruption. In this regard for further confirmation see the City of Buffalo, City of Syracuse, City of Rochester, City of Albany, City of Yonkers, City of New York, City of Chicago, City of Detroit, etc. etc etc

  7. #7
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    What a coincidence - mostly and mainly all Historically Controlled by the same D.N.C. mini me Committee's
    #Dems play musical chairs + patronage and nepotism = entitlement !

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