News Updates for 2005
Citizens for a Green North Tonawanda
By ANGELICA MORRISON - Buffalo News Niagara Correspondent
NORTH TONAWANDA - The School Board has decided to put off the issue of selling nine acres in the Klydel Wetland and instead will discuss other options concerning the property's sale.
Please note: The North Tonawanda School Board signed a 10 year lease agreement in March 2006 with Buffalo Audubon Society for the protection of 9.2 acres of the Klydel Wetland owned by the school district.
The board's decision came after a recent presentation from local environmental activist Liz Kaszubski about how valuable the property is to the community and students.
"It was a very positive meeting," she said. "We packed the place. They were very receptive."
Kaszubski, who's also the manager of the North Tonawanda Audubon Nature Preserve on the Klydel Wetland, said the wetland is the home of a rare tree, the Shumard Oak. So far, only one tree, which is about 1,500 years old, has been found on the property. [Please note: The Shumard Oak is 150 to 250 years old, not 1,500 years old, which can be found in a NYS Museum publication on the web at: http://nyflora.org/newsletters/newsletter_43.pdf ]
Kaszubski said there could be more on the property. Also, local students and students from the University at Buffalo and Buffalo State College use the property as a learning tool, she said.
"I think it helps having the kids learn in an outdoor environment about science," she said. "I don't think [the board] realized what was involved a month ago. They were worried about liability."
Previously, the board was considering selling that property and property the district owns on Zimmerman Street to avoid possible liability issues.
Board member Joseph Stringaro was one of the board members concerned about liability. He also said selling the Klydel property could help lower taxes if developed.
"When [Kaszubski] made the presentation, we all kind of came to the consensus that instead of selling the property, let's give it to Audubon for a dollar," he said. "They assume all liability and let the kids use it."
"I can't see taking it away from the kids. It would be like taking a football field and selling it to make money." Board President Scott Schultz said selling the property to Audubon for $1 is one option the board is investigating. The board also could keep the property. As far as the Zimmerman Street property, the city has been using it to dump leaves. The board is putting the commercial sale of that property on hold and is looking into alternatives there, as well.
"So now we're back to where we were," Schultz said. "We'll wait for counsel with recommendations on what we can and can't do, and we'll probably move forward from that point."
URL Source: http://www.buffalonews.com/editorial/20051128/1009795.asp
�Board Reconsiders Selling Wetland Property�
By Stacey Shepard [E-mail: [email protected]]
Published in the Tonawanda News on 11-16-2005
NORTH TONAWANDA: District may sell nine acres to
environmental group for $1.
The North Tonawanda School Board backed away from marketing a piece of district property that sits on the Klydel Wetlands during a meeting Tuesday.
It�s now considering selling the nine acres on Raymond Street for $1 to Buffalo Audubon Society.
The move came following a presentation to the board by Liz Kaszubski, who manages 36 acres of the wetland for Buffalo Audubon Society, and Paul Swisher, an earth science teacher at North Tonawanda High School.
�We would hope the district will value this as a community treasure and keep it for community use,� Kaszubski said, adding that the district�s land contains the first Shumard Oak tree discovered in New York State. The tree, she said, has over an 11 ft. circumference and is 150 to 250 years old.
Swisher said trails on the land were created by North Tonawanda students and that students for years have used the area for science class projects.
Some of the 76 acres that make up the Klydel Wetlands have been sold and developed in recent years, though some pieces that are privately owned and are still in their natural state. �Selling off the district�s portion to a developer would further fragment the nature preserve�, Swisher said.
Several board members said they changed their minds about selling the land, valued at $55,000, after visiting the nature preserve and learning how much it was used by district students, as well as students from area colleges and local community groups.
�I can�t see taking something away from the kids that we already have here,� said board member Joseph Stringaro, who initially advocated selling the land.
The board in recent months considered selling some of the district�s vacant properties in hopes of bringing in revenue and reducing the district�s liability on those properties.
It initially identified four properties it wished to sell. However, it now appears board members only plan to market a 9-acre parcel on Zimmerman Street.
The board also owns undeveloped property along Walck Road and Wright Avenue, but will keep those parcels because they may have future use, according to officials.
The sale of the wetland property to the Buffalo Audubon Society would likely appear as a proposition in the spring along with the district�s 2005-07 budget, Superintendent John George said.
By ANGELICA MORRISON - Published 11/14/2005
BUFFALO NEWS NIAGARA CORRESPONDENT
The district owns about nine acres of the wetland - part of it known as the North Tonawanda Audubon Nature Preserve. Kaszubski, who manages the preserve, said last week the property is the home of a rare tree, the Shumard oak.
"In fact, that's the first one that's been discovered in New York. It's really considered endangered because it's so unknown," she said. "If a developer buys it, they'll cut it down. I don't know how many trees of that type might be on that property."
The board meets at 7 p.m. in the Board of Education Building, 175 Humphrey St. in North Tonawanda.
Kaszubski said selling the property would have an impact on the neighborhood and the preserve.
"They can ruin the aesthetic value of the nature preserve if they were to sell that nine acres and wipe out all the trees. It would be a skinny little nature preserve," she said.
At its October meeting, the board directed the district's lawyer to start paperwork for a referendum on the sale of the property. Even though the board is split on whether or not to sell the property, the vote passed unanimously.
Board President Scott Schultz also opposes the sale.
"At that point, I felt that I would still have the ability to vote no if anybody was going to use the property for something I didn't like," said Schultz, who said this is an old issue that resurfaces every few years. "I fought for years not to sell it."
He fought because the property has been used as a learning tool for students in science classes. Students from the University at Buffalo and Buffalo State College use the property as a resource as well.
Board member Joseph Stringaro said he supports the sale of all property the district doesn't use, in part because such land could serve as a liability to the district if someone gets hurt. Stringaro also said selling the property could help lower school taxes.
"I guess I would reconsider, but I just can't see the School Board having property and not having use for it," he said.
URL Source: http://www.buffalonews.com/editorial/20051114/1043293.asp
�North Tonawanda
subdivision is a recipe for disaster�
Everybody�s Column- The Buffalo
News � published October 1,
2005
North Tonawanda
officials did not reveal key facts as they proclaimed their innocence in a Sept.
19 News article about Briarwood
Estates.
The U.S. Army Corps of Engineers stated that, "much of this work was performed in federal wetlands without the requisite Department of the Army approvals being in place, and so are considered unauthorized activities." The mayor had to sign an order to restore these wetlands yet the city engineer said there are "no violations here."
The Department of Environmental Conservation said the city's "correspondence is inaccurate and confusing in terms of exactly what the project proposed is and is not." Briarwood lacks a storm water management plan. The city tried to pass off a cultural resource study in a different area for Briarwood. It's too late to study it now since the site is destroyed.
Be forewarned! This subdivision is located on wetland soils just west of Amherst in the same glacial lake-bed that has experienced "sinking homes."
The city is using $705,000 of taxpayers' money on this private, residential subdivision. What do other businesses think of this use of their tax dollars? It is no surprise that North Tonawanda has some of the highest taxes in the area.
Liz Kaszubski
New York State Wetlands Chairperson, Sierra Club
North Tonawanda
Brett Sommer was not asked by a resident to resign at the Greenway Commission meeting, but rather, by an environmental group outside of North Tonawanda. There was a long line of volunteers who wanted to do this but the NHP group beat them to it.
From: "Liz & Dan Kaszubski" <[email protected]>
To: "James Hufnagel" <[email protected]>
Subject: Brett Sommer was asked to resign from the Greenway Commission
Date: Friday, 19 Aug 2005 16:26:32 -0400
Liz,
Did you know at the Greenway Commission meeting yesterday our people, Michelle and Joan Johnson, publicly asked Sommer to resign citing his disregard for his own town's wetlands and wetland laws? I guess he spluttered a response and got all red. We (Niagara Heritage Partnership) have some more surprises in store for these guys... Jim
Letter by James Hufnagel
Published in the Niagara Gazette - Tuesday, January 11, 2005
Now in North Tonawanda we see an excellent example of this being played out. The Common Council is siding with a developer to override community and homeowner protections. Never mind that NT homes have already been flooded or that adjacent Amherst homes have suffered structural damage from subsurface soil problems. Simply attack those raising the important concerns. Call them tree huggers, fringe groups, all wet change resistant bozos.
And at the same time describe the developments proposed as replacing weedy wetlands and thus enhancing town values. Don't take into account a recent study in another Buffalo suburb that demonstrates that new housing developments do NOT pay for themselves once the costs of additional schools and roads and sewers are factored in. Rather, they represent a further drain on tax rolls.
Instead of making life difficult for a local well-qualified geologist who has pointed out a series of Common Council errors and deceptions, the Council should ask the US Army Corps of Engineers to extend its Amherst soil study to NT in order to head off at least some of the serious problems already faced by people like me who live in that adjacent town.
Representative government is an important feature of a democracy. What we need, however, is to have it represent the rest of us and not just the local real estate lobby.
Gerry Rising
Amherst, NY
"Better Paths to Prosperity Exist
Than Wetland Development"
Guest View by Art Klein
Published in the Tonawanda News on August 11, 2005
I see North Tonawanda is trying to emulate Amherst by building housing units and roads in hydric soils and wetlands at the Briarwood and Meadow Road proposals.
All a community trying to grow through housing projects needs is the pictures of sinking homes, cracked basement walls, and the flooded yards of adjacent properties to where the displaced water flows. It is not a good selling point.
Besides building in wetlands adds astronomical costs due to added support structures and soil removal and is against the law.
For centuries humankind viewed wetlands as evil places that bred fevers and disease. During the 20th Century, we increasingly realized their value in our landscapes. It is estimated that while we studied the issue we lost something like 60% of the valuable wetlands in New York. The remaining ones are therefore much more valuable.
We have learned that wetlands are very special places with particular roles in our world. Some wetlands are less wet and noticeable than others but all wetlands help prevent flooding through water storage (hydric soils are well named), all cleanse the water of pollution as it passes through them and all form a particular terrestrial natural habitat, very often with increased bird and animal life as the result of their presence.
Over thirty years ago, New York State and the federal government emphasized the importance of these wetlands through the protective legislation. To ensure the protection prevailed throughout the land all sorts of environmental review procedures are supposed to be the part of the portfolio of every planning board and town and city Engineer.
This is supposed to emphasize that the State and Federal programs are only part of the wetland protection. We must rely on the efforts and knowledge of our local elected and professional officials to realize the value of these areas and identify them before allowing them to be destroyed or undermined by direct or adjacent development.
The DEC and others acknowledge that the current wetland maps register less than a fifth of all the wetlands in the state. It�s up to the local officials to identify and protect the rest. This should not be an adversarial situation but one of a community protecting its own natural assets.
In this day at this time, I cannot believe any person in authority would try to push a project that even bordered on wetlands. Especially housing projects. I understand that in North Tonawanda when the Briarwood and Meadow Road Projects were planned the City Government ignored its own Environmental Committee that it formed specifically to help it avert such embarrassing matters. One cannot walk through either of these areas without being assured of wetland presence. Any consultation with the Environmental Committee could have averted the current costly review process.
The taxpayers of North Tonawanda should have better treatment.
Relative to smart growth I would hope that cities like North Tonawanda would realize that building houses does not help strengthen the tax base. In fact, the opposite occurs since housing stock increases the costs of infrastructure and social support for the new members of the community at the cost of the existing community. When we have new houses, we need more snowplows, schools, and firehouses and such for which the rest of the community pays. Developers are not involved with any relief from these long-term costs of their development.
Most smart cities and smart growth literature of the past decade or so focuses on the need for cities to invest in existing businesses and housing stock rather than subsidizing new business or converting natural areas to new sections of the community.
In North Tonawanda, the drain of business common to all Western New York has sapped the vitality of the community. School taxes remain on an upward curve and a dwindling young population haunts every statistic.
But the city can build on its existing strengths. A great location on the Niagara River with incredible recreational possibilities of every sort cannot be beat. Combine this with a literate and energetic population and our leadership must realize the true assets of the Tonawandas.
It is too bad they cannot be focused on developing these rather than fighting their way to build ill-advised projects in challenging areas.
Art "Happy" Klein
43 Luksin Drive
Tonawanda NY 14150
(716) 693-1082
Letter to the Editor by Mary Kate Fonzi
Tuesday, June 14, 2005
I would like to take this opportunity to thank Joseph McMahon for pointing out some important facts in his recent column, which actually support those opposed to the Briarwoods Subdivision.
He is absolutely right in pointing out that the city needs to be run as though it were a business. To achieve financial stability, the first thing the city needs to do is cut operating expenses. This would include following legal procedure to avoid expensive lawsuits.
McMahon goes on to say that the city also needs to maintain an attractive community. Yes, we need more attractive open space in NT. Wetlands make great open spaces.
The next thing McMahon says to do is to increase the tax base. Please, increase the tax base. This is not going to be done by building houses. Studies have shown that the costs of services to taxpayers is generally more than the return in taxes for residential land use. If we can�t even maintain the roads, sewers and other city services now, how much more will it cost us when there are more houses, roads and sewers? What the city needs is more businesses to increase the tax base, with all businesses being treated the same.
Next on McMahon�s list is �thinking big.� Real success can come from thinking big. Think River Road rehab and the fishing and boating industry. Think the Roblin Steel site and light industry. Think Erie Canal tourism. Think historical tours and landmarks. �Thinking big� isn�t buying expensively oversized sewer systems only to find out they can�t be used because environmental impact statements were not prepared prior to digging. Thinking big does not include finding out too late that land slated for new homes cannot be developed, due to wetlands.
McMahon is also right by saying that residents don�t want to pay higher taxes. Remember our recent 9.8 percent tax increase? In it, $700,000 of our taxes was amended to the budget at the last minute to pay for infrastructure of the Briarwood project and support its private developers. City officials hope to get this money back through a �special assessment� as each home is sold. With the knowledge of how homes built on this kind of unstable soil are faring in Clarence and Amherst (think �sinking homes�), can we count on these homes being attractive to buyers? Will we ever get this money back?
This great city has so much to offer in tourism, waterfront usage, fishing, history and boating. There should be enough businesses to ease the tax burden from the residents. What other community is using taxpayers� money to fund private development? Are we that desperate for a few new houses, that we will burden our own taxpayers for them?
Mr. McMahon said in his letter that the �obvious truth� is not interesting in this statement: �Debbie Gondek isn�t against development; she just believes it should be done legally.� Well, I find it very interesting that the city is doing something illegal with my tax dollars.
Why our city engineer is setting up corporate welfare in the form of free clay fill from the Briarwood Subdivision for McMahon�s private company, I don�t understand. What makes one business more deserving of special deals than another? That a business suffered is frustrating. McMahon�s type of business is exactly what NT needs. Remember, it was the illegal activities of the city that caused regulatory agencies to rightfully bring the Briarwood development to a halt. Because of this, McMahon�s company did not get their $30,000 worth of free fill. Even so, it is not in the taxpayers� best interest to give away �freebies.� The large piece of land Mr. McMahon�s business will be located on was purchased from the city for only $10,000. Improvements to a low-priced piece of land should be expected.
Not only are the Gondeks and their neighbors looking out for the best interests of this community, but also in the long run, they are looking out for every taxpayer in this city.
Mary Kate Fonzi is a North Tonawanda resident.
"Our view: NT needs to
consider issues of wetlands"
Editorial - Tonawanda News - Thursday, June 02,
2005
It�s a constant battle: environmental concerns vs.
development.
One of the latest eruptions has taken place in North
Tonawanda, where a group of citizens has sued the city because they claim
environmental guidelines weren�t followed in a planned
subdivision.
Historically, environmental concerns have lost out in
Western New York, especially when weighed against big industry, potential jobs
or any idea that could help our long-struggling economy.
We�ll be the
first to admit it: We�re for development. In the case of NT, plenty of areas
could and should be developed � especially along the Erie Canal. But we�re not
in favor of ignoring legitimate environmental concerns.
When it comes to
Briarwood estates, we�re hearing two different stories. Some concerned residents
of Brentwood Drive accuse the city of trying to develop wetlands without having
the proper environmental permits. As a result, they�re taking the city to
court.
City Engineer Dale Marshall says the real issue is that they don�t
want to lose open space in their neighborhood.
Maybe they�re both
right.
One thing is certain: NT has a terrible history of ignoring
problems with wetlands, which has resulted in constant flooding along parts of
Witmer Road, Fairfield, Birch and Doebler drives, along with Master
Street.
Let�s hope the Briarwood Drive doesn�t fall into that
category.
North Tonawanda has a history of ignoring wetland issues that
goes back decades. It�s time city officials learn from the mistakes of the past
and stop pushing for short-term development that creates long-term problems for
unsuspecting residents.
Published in the Buffalo News, Niagara Edition - Sunday, May 29, 2005
NORTH TONAWANDA - Digging could get a little muddier for the Briarwood Estates project as contractors move to start the 38-unit development. '
by Jay Skurski and Jonah Bronstein
Published in the Tonawanda News - Friday, May 27, 2005
Debbie Gondek isn�t against development; she just believes it should be done legally.
In order to ensure North Tonawanda follows state and federal environmental guidelines at the Briarwood Estates subdivision, Gondek and fellow residents along Brentwood Drive are filing a lawsuit against the city.
�It�s unfortunate it�s had to come to this, but the city isn�t leaving us much choice,� Gondek said. �We have to get them to do the proper testing somehow.�
The lawsuit will be filed against the city and Schuster Development.
Gondek, whose home at 257 Brentwood Drive has been at the center of a controversy over the construction being done at the site, said the city has circumvented guidelines on wetlands regulations with the building.
�They�ve violated laws,� she said.
Work has been temporarily stopped at the site after the state Department of Environmental Conservation and the U.S. Army Corps of Engineers informed the city a wetlands delineation survey must be done.
City Engineer Dale Marshall said a consultant firm, Earth Dimensions Inc. of Elma, will survey the area beginning today.
Marshall said he will meet with the DEC and Army Corps of Engineers to obtain the necessary permits to continue the work.
Marshall said the true intent of residents planning to file the lawsuit was to avoid having homes built in an area that has been open space, not the protection of the environment.
�They�re using the environment to slow this development down and it�s costing taxpayers money,� he said. �They don�t want neighbors behind them, but it�s not their property.�
Marshall didn�t deny some of the areas where the subdivision is planned may be classified as wetlands, but said the reason for that is the vegetation found in the area, not because of visible wetness. Due to NT�s slight elevation change, vegetation typically found in wetlands can grow throughout the city because water is found underneath the surface.
�The whole city is on hydric soils,� Marshall said.
Marshall said building would begin again after the proper permits from are secured.
Not all residents in the area were against the development.
�This is progress, a little dust doesn�t hurt anything,� Meadow Drive South resident Don Koenig said.
City officials have admitted some mistakes have been made during the subdivision�s development. After the city�s planning board gave preliminary approval for the subdivision in October, a public hearing was supposed to be held.
That never happened, according to City Clerk Thomas Jaccarino.
�It was a mistake on the part of the City Attorney�s office,� he said.
The public hearing will be held at July�s planning board meeting.
Contact Jay Skurski at (716) 693-1000, Ext. 117.
Before reading excerpts of the article (below) that appeared in the May 13, 2005, Tonawanda News, perhaps some folks should hit here, and look at this map of North Tonawanda wetlands. This map proves the sale of school properties won't reduce fiscal woes because wetlands are not land valuable for development. Wetlands are VERY valuable to a community left in their natural state.
There are
more than 70 acres of land that sits undeveloped that is
owned by the North Tonawanda School District. Four different plots of
land, an 8.42-acre stretch at the end of Fredericka Street, 18.61 acres along
Walck Road, 9.21 acres on Zimmerman Street and 35.56 acres near Wright Avenue
are under school district control.
School Superintendent John George said
the district has owned the plots for 50 to 75 years. �In most cases, the
land was just donated to us,� he said. District ownership of
property has been a hot issue lately, with taxes set to increase pending the
results of Tuesday�s budget vote. Several candidates for school board have
said the district should sell the property to raise revenue.
Because NT is classified by the state as a small
city school district, a public vote has to occur before any of the land could be
sold, according to Bernard Freedman, the district�s attorney. George said
the district may be hesitant to sell the 35 acres near Wright Avenue because of
the housing development that�s planned in the area.
�If they build
hundreds of homes like they�re talking about, that would present a problem with
where to put them (new children in the district),� he said. George said he
would have to look at long-term population projections and estimates of how many
new children would come into the district before selling the land.
�There�s no elementary school in that area to serve that many new students,� he
said.
According to George, the district proposed selling the property
along Walck Road, which is across the street from Deerwood Golf Course, to the
city several years ago. The idea of adding a driving range on the land was
discussed at the time, but nothing ever came of the talks.
The land along
Zimmerman Street was originally going to be used as the district�s
transportation facility, but bids for the work were too expensive, George
said. Property along Payne Avenue was then used for the facility, and the
land along Zimmerman Street has sat vacant. George saw no reason to keep the
property. �I don�t see any anticipated use for it. It�s too small for a
school or secondary building and location-wise it�s close enough to other
elementary buildings,� he said.
The property at the end of Fredericka
Street is classified as a wetlands area [Klydel Wetland], meaning there are few options on what can be developed there. �Other than a nature preserve, I don�t know what anyone could do with it,� George said.
School District
attorney Freedman stated that voters should have the right to know
what potential buyers plan to do with the property and how much they intend to
pay before voting on the issue. �In my opinion, we can�t just go to the
voters and ask if we can sell property,� he said. �We should give them as much
information as possible.�
URL Source: http://www.tonawanda-news.com/story.asp?id=2671
New York State Assembly Passes 2005 Wetlands Bill
On Wednesday February 2, 2005 The New York State Assembly passed the Clean Water Protection/Flooding Prevention Act (A.2048), sponsored by Assemblyman Thomas DiNapoli.
More details can be found on the vote at:
View our 2004 News Archives, News Archives for 2003 which includes information about wetlands violations in North Tonawanda, 2002 News, 2001 News, 2000 News, 1999 News, 1998 News, and 1997 News.
Hit here to go to our MAIN PAGE.
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