Ex-Candidate Tonery(Photo courtesy Hester Prynne)
Ask The Loser
The election is over. The public has spoken and now local government faces its first crisis- the subsidized housing development planned for Brick Schoolhouse Road.
There is no evidence of the Warner administration having been pro-active about any problem in Hamlin. Indeed, today’s dilemma is a result of thirty years of lazy, careless Republican administrations staring blankly at their zoning maps, never thinking to reclassify this parcel. Thirty years of warning, and they didn’t act! That’s normal. Of course, during this time they were busy wrestling with issues such as the Wheel Fest, Heritage Day, redesigning the parking lot and the ubiquitous new sign for the Town Hall.
In fact, the Comprehensive Plan and Zoning Codes were completely rewritten in 1996! Nobody involved thought to rezone the DeMarco property back to RVL (they were all preoccupied contriving a way to permit Commercial Zoning for Moscow Road, next to the State Park!)
Austin Warner campaigned on two issues: his record and his opponent’s “negative attacks.” He ran a newspaper ad saying that the opposition had no plans (despite a dozen pages of plans posted on the web!) With this in mind, The Blog sought out Warner’s challenger and asked him: “If you were Supervisor, what would you do about the subsidized housing project?” This is Peter Tonery’s reply:
“The first thing would be to retain the best lawyer available. I’d hire a real-property specialist like Allen Knauf or Leon Sawyko, as counsel to the town and Planning Board in the matter. I’m certain that any challenge to this project will end up in court. The most prudent action is to retain high quality legal counsel as early in the process as possible.
Next, assuming this was what was advised. I would help the Planning Board to lay out a comprehensive environmental review process. A Planning Board has little authority to deny a project if it is appropriately zoned. However, it does have an important mandate to protect the environment. It is my belief that the proposal, with all of it’s phases, will have such a significant impact on the environment that it should be denied. This is what I would ask the Planning Board to examine.
With our attorney, and the Planning Board, we would schedule a thorough and detailed review process. Each step of the review would be charted. Steps such as: Determining a Lead Agency; Identifying Involved Agencies (Including Interested Agencies, Local Agencies, etc.); Making a Determination of Type; Seeking a Full EAF; Reviewing the EAF; Determining significances; Scoping; Segmentation; Naming Companies or Consultants for Data collection (including bidding if needed); Assembling data; Production of a full EIS; Distribution and discussion of potential mitigation; Public Hearings; Determination and acceptance or denial of permits. Many of these stages are time consuming, often the law allows up to 60 days for a particular stage to be examined. This is only a partial listing of steps and actions which should be undertaken.
I believe that there are many, and extensive, impacts to the local environment from this project. There is a significant change in character to the neighborhood; there are complex issues of drainage; nearby, in the parcel donated to the VFW, environmentally sensitive flora has been identified; the area may have an archeological importance- the list of impacts is quite long.
The town is obligated, under the law to “take a hard look” at all potential environmental impacts. I would, with legal guidance, undertake to accomplish that.
I would add that, according to my understanding, the developer of this project may already be in violation of NYS Environmental Law in that they have begun clearing land without first undertaking the SEQR process. If I were Supervisor, I would have required the Building Inspector to examine the property and directed the developer to cease any actions upon it if the process was not being followed. If the developer has undertaken any actions which are not permitted without SEQR approval, then I would also require the Building Inspector to issue citations and seek to prosecute those violations to the fullest extent possible.”
Of course, that’s just how I would do it.”
The Blog invites Supervisor Warner to respond to us via Email (we will publish the response in full, without editing,) or in a letter to another publisher. While the election is over, the community might still like to see the differences between the candidates and their approaches to confronting difficult problems.
The Blog thanks citizen Tonery for taking the time to share his ideas and expertise with the community. We look forward to seeing how the reelected Supervisor will handle the situation. The Blog will work follow this situation carefully to access whether the campaign allegations of “incompetence and mismanagement” were “negative attacks” or legitimate assertions of the obvious.