NORTH TONAWANDA: Judge largely sides with city on Walmart

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June 22, 2009

By Neale Gulley The Niagara Gazette Mon Jun 22, 2009, 06:46 PM EDT

Only the completion of a stormwater plan stands between North Tonawanda and a Walmart at Melody Fair, City Attorney Shawn Nickerson reported Monday..

State Supreme Court Judge Ralph Boniello has ruled Walmart must submit a stormwater plan mandated by the state before moving ahead with controversial plans for the supercenter.

The main contention of an 11-point lawsuit filed against the City of North Tonawanda and the retailer by David Seeger for NT First last year was traffic. But that argument, as well as nine others have ultimately been overturned or dropped as inadequate reasons to stop the project.

In all, city officials believe the judge’s ruling will clear the way for a redone site plan approval sometime in the next few months.

“It has to be submitted before final site plan approval,” City Attorney Shawn Nickerson said of what’s called a stormwater pollution prevention plan as interpreted by Boniello.

The plan must be based on Federal Clean Water Act regulations and must be enacted by each municipalities throughout the state in their own planning process, to make sure water runoff resulting from construction is properly handled.

He said in speaking to representatives from Walmart, the revisited site plan approval required could be finished in August. At that point, several easements, the sale of Bluebird Drive and a building permit will still need to be concluded before construction can begin.

“What has to happen is that Walmart has to submit this plan. For any type of new construction like this the applicant has to submit this plan,” he said. “We knew Walmart had to ... the timing was the issue.”

Frank Budwey, of NT First, said he has yet to discuss the matter with his attorney, but said he’s heard a different version of the story. He said he’d been told the water plan issued could represent a “serious delay” to the project.

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