Town of Seneca Fall files petition against zoning board


SENECA FALLS — Attorney Steven Getman has served an order to show cause on the town of Seneca Falls Zoning Board of Appeals.

The Seneca Falls Town Board objects to the ZBA’s decision to grant a use variance to the owner of the Arcade Building at 81-83 Fall St. that would allow the building to be converted to as many as eight apartments on its three levels, along with commercial uses in the street-level offices.

Signed by a Monroe County State Supreme Court Judge, it is answerable Jan. 25 in Supreme Court for Seneca County.

Getman said the petition seeks to void the ZBA decision granting the use variance because:

• The ZBA did not have a completed application before it when it made the decision.

• The ZBA failed to require the applicant to show the hardship required for a variance according to state law.

• The downtown is a commercial district, not a residential district, and the proposed apartment project would alter the character of the area.

• The State Environmental Quality Review Act process was not complied with.

• The variance was granted subject to inadequate conditions.

• The decision was contrary to the decision of the Planning Board, which recommended the variance be denied.

Getman said an order to show cause is the only way for a Town Board to review and overturn a ZBA decision.


Steven Getman Attorney Franklin & Gabriel Law Office

Steven Getman County Assigned Counsel, 2008-2011

Steven Getman Seneca County Stop-DWI Coordinator, 2007

Steven Getman Seneca County Attorney, 2002-2007

Steven Getman Seneca County Social Services Attorney, 1995-2001

Steven Getman Attorney Midey & Swinehart, 1995-2001

Steven Getman Seneca County Public Defender, 1995

Steven Getman Seneca County Law Guardian Panel, 1992-1995


LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Steven Getman | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.