Rotterdam zone change lawsuit appeal upheld I-88 area residents reverse town action Friday, July 20, 2012 By Justin Mason (Contact) Gazette Reporter
ROTTERDAM — Rotterdam improperly rezoned 3.4 acres near the Interstate 88 interchange for commercial uses without taking into consideration the effect the change would have on the nearby residential area along Becker Drive, an appeals court ruled Thursday. The state Supreme Court’s Appellate Division ruled that members of the Town Board failed their due diligence under the state’s Environmental Quality Review Act in approving developer Robert Iovinella’s zone change request. In overturning a lower court ruling, the justices found the board failed to show how residential concerns over the loss of a wooded buffer between the homes and Duanesburg Road were “addressed in any meaningful way” before the measure was approved in February 2010. “Because the Town Board failed to take the requisite hard look at the environmental impacts of development of the subject property for commercial use, both the negative declaration [under SEQR] and the resolution that rezoned the property must be annulled,” Justice Leslie Stein wrote in the four-page ruling. The annulment doesn’t preclude Iovinella from reapplying for the zone change and going through the process again. Andrew Brick, an attorney for the developer, said “We’re going to continue to analyze it and review all options available.” Becker Drive resident Lori Bergami, one of four neighbors who filed the initial lawsuit, was thrilled by Thursday’s ruling. She hopes the ruling convinces town officials to pay closer attention to the concerns of residents before making a zone change. “All that I ever wanted to do is preserve the character of my neighborhood,” she said. “I’m just hoping that they take into consideration the laws they’re supposed to be abiding.” Jeffrey Baker, the attorney representing the four residents, said the ruling means Iovinella will now have to go through the full review process if he hopes to change the zone. He faulted the board for granting the zone change without having the developer outline his exact plans for the property. “What they tried to do is punt it into the future,” he said. Town Attorney Kate McGuirl did not return requests for comment. Iovinella initially asked for the zone change in 2005, but later withdrew his application when the town’s Planning Commission didn’t act on it. He submitted the same request four years later and received a positive recommendation from the commission. Then in September 2009, several property owners filed a protest petition with the town objecting to the rezoning on the grounds that it was inconsistent with the surrounding properties. The all-Republican town board never took action on the application before the November election, in which four out of five members were voted out of office; the fifth resigned in December. In February, the new board revived Iovinella’s application and conducted a public hearing, despite not knowing the type of commercial project the developer intended to build. Numerous adjoining residents again objected, claiming commercial development would destroy the character of their neighborhood and remove a critical buffer between their homes and the Interstate 88 interchange off Duanesburg Road. The board ultimately sided with the developer, approving the zone change and amendment to the comprehensive plan. The approval prompted the residents to file an Article 78 lawsuit against Rotterdam and Iovinella in July 2010, claiming the zone change didn’t comply with Rotterdam’s comprehensive plan and was done without the town meeting State Environmental Quality Review requirements. The lawsuit was dismissed in April 2011 after a Supreme Court justice in Schenectady County ruled the town met its obligations in reviewing Iovinella’s zone change request. The ruling also indicated the town had gone through great lengths to properly balance commercial needs with the character of the surrounding neighborhood near Thruway Exit 25A..........................>>>>..................>>>>................http://www.dailygazette.com/news/2012/jul/20/0720_lawsuit/
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July 20, 2012, 6:56am
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Town Attorney Kate McGuirl did not return requests for comment.
And the planning board trolls response is..........................here I'll do it and save him the typing ........"I wasn't a member of the planning board when this transpired."
Oh this goes WELL beyond the planning board!! It was that laughable REVITALIZE ROTTERDAM town board that squeaked this one through. I'm sure it is recorded somewhere on this forum!!!
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
Oh this goes WELL beyond the planning board!! It was that laughable REVITALIZE ROTTERDAM town board that squeaked this one through. I'm sure it is recorded somewhere on this forum!!!
It was one of FDGs favors for each millionaire club member, Becker's Dr. Bobby I.; the triangle & Timmy L.; Floral Ave. and Tommy D.!
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
In overturning a lower court ruling, the justices found the board failed to show how residential concerns over the loss of a wooded buffer between the homes and Duanesburg Road were “addressed in any meaningful way” before the measure was approved in February 2010.
It "Wasn't addressed in a meaningful way"? You mean Bobby I turning around and chastising the attendees of the town board meeting for daring to stand up to the bully developer isn't addressing it in a meaningful way? Hmmm...This court doesn't understand how business is done in Rotterdam.
Wasn't it BI who was delinquent on his property taxes too because he thought they were too high? And wasn't it DM who pleaded to the then town board in behalf of BI???
Ya just can't make this stuff up in rottENdam!!
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
the locals should learn from BI example change their zoning to something that would make his property worthless
if the planning commission and zoning boards didnt Fu<k BI over in the early 70's over having horses on his property - he would have made his $$ off of 50 or so building lots
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