Tony,Your off list post and this on list post are bull.I found offensive and
sarcastic and loaded with misinformation.I feel certain others read your post
as sarcasm and as an attack on me.I received several off lists posts that
described it as such.The 40th Street property is zoned RESIDENTIAL. The "new"
(if you can call a few years of continued neglect "new") knew, or should have
known this, very easily established fact, when they made their purchase.The
40th Street property has preexisting restrictions as regards to height and
Historic Preservation.The "new" owners, knew, or should have known, this very
easily established fact when they made their purchase.There is a "bad guy"
here.It is the person (or legal entity)that made the purchase and proceeded to
act try to sneak through an HC appeal for demolition. Failing that, this same
"bad guy" tried to circumvent the neighborhood's right of Public Notice.Failing
that, they won an HC appeal using in part a false claim that they had held the
required public hearings.Lying is bad!Profiteering is bad!Asking the neighbors
to waive our RIGHTS, just because the Buyer paid too much, is not
'good'.Keeping rational or residential use, by folks with smaller purses, out
of the equation is greedy.Cries of hardship (in light of billion dollar
endowments) stretch credibility and should not be allowed to establish
precedent.It is Anthony West wrote:Liz,I don't see where my sarcasm lies. I
didn't say anything nasty about either Frank or you, did I? Chill, please.My
point is simply that government cannot assume in advance either one side or
another is presumptively guilty or presumptively entitled in a hearing context.
There are clearly situations in which a variance seeker can be right and
community opponents wrong. There are clearly cases in which a variance seeker
can be wrong and community opponents right. That's why the government holds
hearings: to sift wrong from right and arrive at a determination.There is a
presumption of property right: I can do what I want with my property, barring
specific exceptions. There is a presumption of zoning right: my neighbors can
assume I will not do anything with my property that affects the context of
their property. There is a presumption of variance right: I can demonstrate a
reason to make an exception to zoning in a particular case. All these are
rights. There is nothing wrong with exercising any of them.There is no bad guy
in this process. It is all equally lawful.-- Tony West
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