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Cattaraugus County Planning Board airs concerns over foreclosure law changes

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By RICK MILLER

CattCoNews&Photos

LITTLE VALLEY — Cattaraugus County Planning Board members lamented a change in state law Thursday that will put a damper on the county’s Land Bank program.

Kate O’Stricker, senior development specialist for the Department of Economic Development, Planning and Tourism said the new law that went into effect earlier this year will prevent the Land Bank from taking title to properties foreclosed on by the county for nonpayment of back taxes.

The Cattaraugus County Land Bank was created to address the problem of blighted properties across the county.

In the past, when the county foreclosed on a property for back taxes, it was sold at auction to the highest bidder. Sometimes a new owner would move in or rent out the property with little renovation. Without proper maintenance, these properties became a blight on neighborhoods.

With $1 million in seed money from the state, the Cattaraugus County Land Bank has addressed 61 properties in five years. Five were renovated and sold and 56 were demolished.

There were six demolitions of Land Bank properties last year. The properties are offered for sale once a building is demolished and the land is leveled.

The Department of Economic Development, Planning and Tourism is working with Dan Martonis, director of Real Property Tax Services and Treasurer Matt Keller to develop a new policy, O’Stricker said.

The Land Bank was able to negotiate the transfer of properties being seized for back taxes which were then either demolished or renovated and sold.

However, under the new law, the former owner of the property seized for nonpayment of back taxes is eligible for the amount of money the county receives at auction that is over the amount owed for taxes and fees.

The new law states the county must attempt to sell the property twice at auction before the Land Bank can become involved.

O’Stricker said the change in the law has caused a pause in the county’s Land Bank program.

Planning Board member former Mansfield supervisor Robert Keis Sr., said one of the first blighted homes to be demolished under the Land Bank program was in Mansfield. It has helped cities and towns across the county with blighted properties, he said.

Planning Board members took action on several municipal referrals including:

  • Approved construction of a pole barn next to Five Mile Road in Allegany by Kinley Corporation.
  • Returned as incomplete an application for a 197-foot tower in the town of Perrysburg by a wind farm developer. The tower is designed to record wind speed at a site for 12-24 months. The board said the MET tower would require a full environmental assessment form and sent the application back the the Perrysburg Town Board.
  • Approved with modifications, a special use permit for Family Ministries to construct a 200-foot broadcasting tower in the town of Little Valley. The board the permit should require a dec commissioning plan and bond for demolition.
  • Returned as incomplete, a rezoning request to industrial from agricultural-residential sought by the owner of an 11-acre parcel along Route 16 in Franklinville adjacent to the new Great Lakes Cheese plant. It is part of a larger agricultural parcel where 30 acres will continue to be used for farming. The board asked for a new State Environmental Quality Review Act and for the minutes of any public hearings. There is some concern that potential industrial uses will be taking place near area residents’ backyards. A public hearing on a local law will be held May 28 at the Franklinville Fire Hall.
  • Approved a Town of Yorkshire local law that will require a half-acre lot size for new construction where public utilities are present and a 1-acre lot size for properties without water and sewer access. The larger lot size for undeveloped property is to provide space for water wells and on-site septic systems.
  • The board took no action on a proposal by the Dayton Town Board to abolish the town’s Planning Board because of difficulty in finding members. The town is making another effort to find Planning Board members.
  • The board noted the City of Olean negative had posted a negative declaration on the DePaul Apartments and the Town of Allegany was nearing approval of a St. Bonaventure University telecommunications tower.

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