Confusion and dismay over planning charges

NORTH EAST — Earlier this year, Robert Trotta, a local attorney and business owner, appeared before the Town Board with a request to rezone the Boulevard District to allow for a go-kart track.  Trotta suggested that his own planner, Art Brod, do the preliminary work to draft a proposal, rather than relying on the town’s planner, Matthew Rudikoff of MDRA, Inc., or one of Rudikoff’s associates.

The matter came up for discussion at the Town Board meeting Thursday, Dec. 4, because of a letter of response from William Agresta, director of Planning at MDRA, Inc., to North East town Supervisor Dave Sherman and the rest of the Town Board members. Sherman had written  a letter dated Nov. 14, 2008, asking for a cost estimate pertaining to Trotta’s zoning permit request.

Agresta enclosed with his letter an “anticipated stepped (tasks) work scope and project cost estimate for the drafting and SEQRA [State Environmental Quality Review Act] documentation/assistance regarding the preparation, SEQRA review and potential adoption of a local law amending the town of North East zoning law [and its] Boulevard Districts to permit and regulate a new commercial recreation use involving ‘Go-Karts.’�

The projected estimate for budget purposes outlines “the estimated fee for the various tasks required, based on our zoning and SEQRA experience and our understanding of the project,� according to the letter sent by Agresta.

Task 1, described as a review of existing zoning provisions and boulevard district lands, projected an estimated fee of $3,000 to $4,000.

Task 2, described as the preparation of draft zoning text amendments, projected a cost of $4,000 to $5,000.

Task 3, described as the preparation of the SEQRA EAF (Environmental Assessment Form), projected a cost of $4,000 to $6,000.

Task 4, described as assistance with Town Board review and the adoption process, projected a cost of $4,000 to $5,000.

It was noted that “the estimated costs do not include additional meetings beyond that noted, or other meetings with town staff, Mr. Trotta or his representatives, the town attorney or other municipal agencies or boards.�

Town Attorney Warren Replansky said he was somewhat surprised by the estimates.

“My initial reaction was it seems rather high,� he said. “We may want to find another planner. We do have the escrow law, which allows the town to charge back for professional services.�

“I think it’s inappropriate,� Trotta said. “I certainly don’t want to pay the town attorney. I pay him when I pay my taxes. I certainly am not going to pay $20,000. I can draft the legislation. We might as well kill the baby in the cradle.�

Trotta said that when the project first began, he offered Brod $2,000 to $3,000. Now there’s an offer on the table from MDRA, Inc., to do the work for $20,000, which Trotta said he refuses to pay.

Making matters even more confusing, and frustrating, is the fact that Trotta said he has been unable to get in contact with his original planner, Brod.

“I can’t communicate with him,� Trotta said. “I don’t know if he’s alive or what. Maybe he’s too busy. My thought back then [when I brought Brod on board] was to spare the town the expense.�

Yet Trotta asked the town to pick up the matter once he was informed of the situation.

“He asked the Town Board to take up the project itself and do it at the public’s expense,� said town Supervisor Dave Sherman. “The Town Board concluded that the way to proceed would be that the petitioner would underwrite the cost, similar to what would happen if he hired his own planner at his direction.�

Sherman suggested that Trotta attempt to regain communication with Brod and “try to go back to the original plan because it was a more  economical way to resolving his request.â€�

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