Developers withdraw application for Laurelton expansion

by Ralph Schwarz
Niagara Wheatfield Tribune, June 22, 2006

After months of waiting, Town of Niagara residents learned Tuesday night to their delight that developers have withdrawn their application for the third phase of the Laurelton subdivision.

With about 30 residents from Grauer Road and Kay Ellen Drive, whose properties neighbor the subdivision, Town Supervisor Steven Richards read from several letters the town received from Renaldo & Palumbo PC, the legal representatives of Apex Consulting of Lockport, just hours before Tuesday’s public hearing on the preliminary plat map for the proposed third phase.

Like in March, the engineering firm requested an adjournment of the public hearing, but this time, the Town Board decided to go ahead as planned. When Town Attorney Robert Merino informed Renaldo & Palumbo in a letter that the public hearing would not be rescheduled, the law firm replied that “as a result, our office is left with no alternative other than to withdraw our application.”

“I interpret that they’re done,” Richards said. “They have officially withdrawn (Phase III) of Laurelton subdivision.”

The third phase would have added 66 new homes to the 22 already built in the subdivision, which is bordered by Grauer Road and Kay Ellen Drive.

Recommendations Included

On Marino’s advice, the Town Board not only voted to accept the request to withdraw the application, but also stated what requirements would have to be fulfilled should Apex or the developer of the subdivision, Brookshire Development Corp., decide to apply for any future phases of the project.

“We need to memorialize the Town Board’s position in respect to the current status, so that we don’t have the same application submitted again,” Merino said. “I think it’s very important, especially in the matter of the State Environmental Quality Review Act, that we include this position in the Town Board’s minutes so that the next time there is an application somebody will pick up these recommendations and conclusions.”

As part of its resolution, the Town Board stated, among other items, that that any succeeding phases of the project must not have any negative impact on the environment; that the Planning Board has to make a definite recommendation to lot sizes and placements in accordance to the town laws and ordinances; that a traffic study of the affected area has to be provided at the developer’s expense; and that all easements have to be kept at 20 feet for the purpose of drainage and municipal services.

On Merino’s recommendation, the Town Board added that the developer should set aside at least 10 percent of the land proposed for the subdivision for recreation and green space; to direct the developer to submit copies of the site plans to the Niagara County Planning Board and the Town of Lewiston, which neighbors the subdivision, to outline the subdivision’s impact on the existing wetlands; and to conduct another environmental impact study as part of the SEQR process.

Richards said that the town’s planning and zoning boards as well as the building department will receive copies of the Town Boards position, which also considers the input from residents living in the vicinity of the project, “so that the next time the developers come in, these issues will be right upfront at the Planning Board level.”

Town Board Commended

Grauer Road resident Michael DeFelice commended the Town Board for handling the issue.

“I want to thank the Town Board and the people working for the town for doing due diligence,” he said. “This Town Board recognizes the problems that exist and tries to deal with them in a responsible manner.”

Like other residents speaking at the public hearing, DeFelice pointed out that the town needs continuing to monitor the drainage issues caused by the wetlands that occupy a portion of the land originally allotted to the third phase of the Laurelton subdivision. In the past, residents whose properties abut the subdivision have expressed concerns about drainage problems that already existed before the first phase of the development was started.

“What we do today, affects the generations tomorrow,” DeFelice said.