Request for Denial of Application

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The following letter is reprinted here with permission.

March 14, 2000

Hon. Jack Richter, Town Supervisor

Hon. Christie Hart, Chairman, Planning Board
Town of Victor
85 East Main Street
Victor, New York, 14564

Re: Drumlins

Dear Messers Richter and Hart:

I faxed a letter to Jeff Morris yesterday in the hopes that he would have it time to share it with you prior to the Town Board Meeting of last evening. I now learn that he is on vacation. Because the Drumlins Concerned Citizens feel that time is important in getting these thoughts to you, I am taking the liberty of writing to you with some of the thoughts which I had given to Jeff in my letter.

I had asked Jeff to pass on to you, Mr. Hart, the wishes of the group that because the application of the developer was incomplete, it should be dismissed now. There should not be a suspension since you would never accept an incomplete application and would never act on such an application for any other developer.

I indicated to Jeff that I felt that there was a grave question of good faith on the part of the developer. The developer knew that it did not have written consent from the Village for available sewers. Yet the developer implied that it had authority. I understand that at the September 28th Planning Board Meeting, you Mr. Hart, asked Mr. Goldman to get a letter from the Village indicating that sewer capacity would be available. I further understand that Mr. Goldman did not comply and that the Planning Board never followed up. Yet, the developer was allowed to present its application in February at a Public Meeting more than four months later.

I respectfully point out that in the Town Board Meeting of March 25, 1986 a resolution with respect to the Drumlins rezoning provided that "the Drumlins be rezoned to multiple dwelling with the condition that the Planning Board Members will not entertain the submittal of an application from the developer until letters have been received from the Village Board stating that Sewer and Water are available to adequately supply the project".

Has the Town been fooled into accepting the developer's application although the sewers are not presently available? If in fact no sewers are available for this project, then the citizens have a substantial complaint that they were put to unnecessary expense for legal fees and in addition have had to sustain worry and concern about a project which they find unacceptable.

I respectfully submit to you that when a member of the Drumlins Concerned Citizens asked that the Planning Board delay the application, he was told by you Mr. Hart, that there was a "timeline" and the Planning Board had to adhere to that "timeline". Do you consider that it is fair and proper that when the developer now requests a "substantial suspension", the timeline is no longer important? Shouldn't the developer be held to the same rigid timeline schedule that was set by the Planning Board that was not extended at the request of the Drumlin people?

Not only has the Planning Board refused to deny this application which is incomplete, but it hasn't even set a deadline for the required sewer consent. Jeff Morris had indicated to me last Thursday that there would be a resolution of this matter in two weeks. If the Planning Board doesn't see fit to dismiss this petition now, then I suggest that it would be proper to set a deadline of two weeks from the date I talked with Jeff Morris on March 9, 2000 and if the sewers are not firmly committed in writing by that date, dismissal should apply. However, since the Town has now clearly been misled and the citizens have been put to such expense and agony, I respectfully suggest that the concerned citizens are entitled to have this application dismissed forthwith.

I hope you will not be offended if I tell you that a number of other issues support an opinion among many of the Drumlin people, that the Town has been partial to the non-resident developer rather than to the protection of these citizens whom the Town represents. These residents purchased their expensive properties partly upon the understanding that the rezoning would permit only the type of residential area that existed when they purchased. If they had any idea that the Town fathers would even consider an apartment house in their midst, many would not have moved to the Drumlin area.

I respectfully request that the Planning Board deny this application forthwith.

Sincerely,

Leon Katzen

 

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