https://www.lancasterbee.com/article...e-condominium/

Monday evening the town withdrew a resolution that considered erecting stop signs on private roadways: Amend V&T Ordinance Re: Stop Intersections Designated Private Roadways Courtyards at Pleasant Meadows Condominiums.

The current subdivision stop signs were installed by the developer were not registered with the NYS Department of Transportation (NYSDOT) and are not police enforceable as they do not meet size and location standards.

The resolution was discussed at length at the work session preceding the regular meeting. Subjects discussed and need for more studies and shared information with HOA property owners:

  • Current signs do not meet state standards and are not enforceable
  • Costs for signs and their installation would be borne by HOA
  • Signs have to be registered with NYSDOT
  • Sign location setback is 20 feet from the intersection: property owners should be informed that signs may be located on their property and obstructions removed.
  • Not enough police manpower to patrol the streets as requested by residents
  • As it is an association (HOA) with private roads the town will not accept liability
  • Repercussions – sets a precedence for other HOA’S and commercial properties with private roads to follow same pursuit.


Public Hearing

Despite resolution withdrawal, the town board still held the scheduled public hearing.

Residents favoring the resolution reiterated the need to become legal and where transgressors are prosecuted.
Resident spoke out on how the property owners receive 339-y Condominium Law assessment reductions (tax breaks) in lieu of services not provided by the town and still want the project paid for by town taxpayers.

Comments

As an individual residing is a HOA, I am having difficulty understanding what property owners of this patio home development are trying to achieve. Is the altruistic intent to only prosecute vehicles blowing by the stop signs already installed?

The president of the HOA is being informed that even registering the signs with NYSDOT does not guarantee police presence at time of violation. The offender will be long gone by the time individuals call for police presence.

HOA residents have complained about their streets being used as a cut-through to get to Pleasant View Drive and complain about trespassers speeding. These are still private roads and the police have no enforcement authority to curtail either.

The majority of roads in new subdivisions are being used as bypasses to get to major roads. There are not enough major north-south or east-west roads in Lancaster.

Andrew Mamak, president of the condominium association, wrote a letter to the Lancaster Town Board, requesting that 12 intersections on six private streets in the subdivision, including four intersecting with Juniper Boulevard, be annexed to the town so police could enforce stop sign violations. The town board held a public hearing at Monday night’s meeting regarding the plea, which drew support from the board, the police department and the majority of residents.

Supervisor Coleman stated: Supervisor Johanna Coleman reminded Hart that the residents of the Courtyards pay taxes to the police and highway funds, and that the town is responsible for public safety within private subdivisions. She added that under the state Vehicle and Traffic Law, the Town Board has the authority to order stop signs on private roads that are open to public motor vehicle traffic — if the need is there.

The current stop signs cannot be ‘annexed’ to the town as they are not registered and do not meet NYSDOT standards in location and size. The town (town taxpayers should not be saddled for the cost of new conforming signs and their installation cost – especially when the patio homeowners in this subdivision are already receiving 55-60 tax breaks through Condominium Law 339-y. Other HOA’S experiencing like issues will be sure to follow suit. Several HOA’S do not receive Condominium Law 339-y consideration, pay full taxes, experience like issues and will be expecting like relief.

It was made know that unless stop signs were registered with NYSDOT, all signs posted on private roads (including commercial properties) are not prosecutable. This is not all about this subdivision. The town really needs to do ‘some research’.

Lastly, the Supervisor is right in saying public safety is number one in priority. The police do provide that safety in times of emergency need. But these are private roads and the only way I have been informed to keep them private is by gating the community. Taxpayers should not bear any cost in mitigating this perceived need for remedy.