Most of this story played out well before I started covering local issues, but it’s back in the correspondence files at Borough Hall recently.
It’s the planned Dell’Olio development at 110-112 Rockview Avenue, which would replace three buildings, including a historic one, and dozens of full-grown trees, with nine single family homes on a cul-de-sac next to the Stony Brook. From what I’ve heard, the proposed development ignited a firestorm of vocal citizen opposition, just as Villa Maria development did.
I won’t pretend I fully understand the import of a February 6, 2008 letter from the state Department of Environmental Protection, included in the documents file posted below; it has something to do with the EPA wetlands designation and development approval process, stormwater runoff planning, etc.
Rockview Avenue Subdivision Documents
I think it’s an example of how the regulatory process fails to protect communities, by serving as a mechanism to exclude community members and, as the process name clearly indicates, “permit” projects against the wishes and/or best interests of the community as a whole.
Why Regulatory Law Fails to Protect Local Communities
The other file is a set of two drainage/topographical maps (each cut in half for scanning) showing the pre-development lay of the land, structures and ecosystem, and the post-development lay of that land.
3 responses so far ↓
Was opposed, but failed // February 29, 2008 at 1:44 pm |
Dell’Olio sued when the town tried to block the development and the town lost. Big time.
Still, this brings up a point I have been curious about. Wouldn’t it be easier to start blocking some of these unwanted developments by having the existing ordinances changed that govern issues such as required setbacks and percentage of impervious ground cover? If the setback requirements for side yards was increased by just 10 feet over the existing requirement, most of these cookie cutter developments would become economically unfeasible.
Heather DeGeorge // March 2, 2008 at 2:29 pm |
I was on the Planning Board when this proposal was denied (in such heated public meetings they were held at the high school to contain the crowd).
I’m absolutely stunned that the state overturned this because the Planning Board went over this with a fine tooth comb at the time–including a physical visit to the site (at the insistance of the Dell’Olio’s, but we went so that there would be no stone left unturned and nothing to point a finger about).
Since then, any attempt to change existing land use ordinances has become nothing more than a pissing match in this town (even within parties)–leaving our town open to development in the meantime. The Villa Maria property being the most notable (since it is still unresolved). It took HOW MANY years from the time I introduced it in 2003 for them to do an age-restriction overlay to that property while they argued about it’s ultimate use so that IF someone came in to develop it, at the very least our schools would be significantly less impacted (which is the heart of our tax burden). I believe it only went through in 2007.
The other thing is, that changing setbacks for an entire zone can leave a number of properties in that zone non-conforming. You want to talk about leaving us open to litigation? How about anytime a non-conforming property wants to make a reasonable change…? If we allow it, we set precedent. If we decline it, they can bring forth litigation. It sounds easy, but there’s a ripple effect like everything else.
And in fact, in Dell’Olio’s case I wonder if the fact that Azalea Court was allowed to happen years ago opened the door for Dell’Olio to win his case. It came up during the initial hearings and my argument then was that an error in judgment long ago was no reason to perpetuate the error. I guess the state doesn’t care about that.
Barbara Habeeb on Villa Maria Hearing Sept. 10 « Grassroots Groundswell // August 31, 2008 at 4:36 pm |
[...] Note: If 9 single-family homes go up at the Dell’Olio site on Rockview Avenue, that brings it up to 68 new residences and 136 more [...]