Newsletter of the
Preservation Coalition of Erie County (Home Page)
Spring 1999.........Vol. 22 No 3

Wider public notice of zoning, planning issues may yield less
confrontation, better projects
By M. Bouwman
In most local cities and towns, only a property owner’s immediate neighbors are
informed of requested changes to a property. If none of the immediate neighbors
has the time, perception, or sense of empowerment to affect the project, it often
proceeds as “a matter of right.” Yet, the project can harm a larger public that has
not been informed. A developer or business has no intrinsic right to profit while
harming others or the public at large.
Burlington, Vermont,gives on-site public notice via an eye-catching
red Z.
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Officials often commit to projects prematurely, often allying themselves with permit
seekers before feedback can be received from concerned, and often expert, citizens
(there is always an unanticipated impact). This is filled with peril for the
politicians and can be a legal and political morass, with officials taking lumps
for developers or other applicants against enraged public.
It would be much better to institute a process of early and broad public notification.
This could prevent a lot of bad projects and bad blood. It would also make the applicant
do what any responsible business person should do: get out and talk to people as
normal part of marketing and community relations. A simple solution is to require
on-site notice of changes.
Burlington, Vermont, and Ontario are just two of many jurisdictions with mandatory
on-site public notification. Burlington’s notice is a large red Z printed on 11”
x 19” white card stock with a brief project description and instructions on where
plans can be viewed.* Ontario’s is proportionate to the scale of the project. For
a subdivision, a map must be provided on a large, free-standing sign.
On-site public notification seems like a worthy cause for Buffalo and surrounding
towns.
*Burlington’s entire regulation reads as follows:
Ontario requires on-site public notice, referral.
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Posting of property. Any applicant requesting a zoning permit, a certificate of appropriateness,
or a conditional use of variance shall display on the subject premises a notice sign
provided by the department of planning and zoning. The notice, which shall be clearly
visible from the public way, shall be displayed at the time of application and shall
not be removed until after the appeals expiration date.