We are residents of the westside of Binghamton, New York. We began this website because in the Summer of 2007 the City of Binghamton granted Bates Troy Healthcare Linens, an industrial dry-cleaning plant, permission to expand into our high-density residential area.
As could be reasonably expected, the dry-cleaning plant began producing noises and odors that annoyed nearby residents. We fought back by launching a successful community campaign to decrease the noise. In the course of our campaign we discovered an alarming truth: the City of Binghamton gave permission to Bates Troy's expansion based on a negligent Zoning Board of Appeals review. In fact, we have identified a procedural error that may allow us to overturn the expansion permit granted to Bates Troy Healthcare Linens.
Our goal is to:
Bates Troy should not have been given permission to expand their industrial dry-cleaning plant into a high-density residential area. We have determined that the City of Binghamton failed to comply with Article 12-B, Section 239-l of the New York State Laws.
Before the City can grant a "use variance", they must request a "Section 239 Review" from the Broome County Department of Planning and Economic Development. Now the city did request this review, but they requested it in February, 2007 -- before the entire plan for Bates Troy's expansion was available. Therefore, Broome County conducted their review without a "full statement of the proposed action". This is a crucial mistake upon which the permits can be revoked. The statute of limitations on this error (failure to refer a use variance to the county) is 6 years.
All this may sound complicated but it is actually very simple. The Bates Troy expansion involved three residential properties: 24, 28 and 30 Mendelssohn St. The 239 Review conducted by Broome County was only done on 24 Mendelssohn. No review was ever conducted on the expansion into 28 and 30 Mendelssohn St.
The facts of the case are not in dispute. Broome County's Section 239 review was conducted in February, 2007. But Bates Troy's final plans weren't completed until May, 2007. Therefore, Broome County was not provided with sufficient information to make a full review of Bates Troy's expansion. We now have the Zoning Board of Appeals files to prove these facts:
We will take this case to court.
If you would like to help, please email us at email@example.com.