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The editor is John Ryan at email: perugazette@gmail.com. The Peru Gazette is a free community, education and information website. It is non-commercial and does not accept paid advertising.

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The Peru Gazette welcomes comments on posted stories. The author MUST include his/her first and last name. No  foul or libelous language permitted. The Peru Gazette reserves the right to not publish a comment.

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Town of Peru vs. Washington Street Developer

By John T. Ryan

Peru – There may be litigation between the Town of Peru and Washington Street developer William Sawyer. Town Attorney Matt Favro will represent the Town in legal proceedings at his normal rate of $175 an hour.

The pending proceedings revolve around road shoulders and sidewalk width. Three years ago the Peru Planning Board approved William Sawyer’s application to extend Washington Street and to construct 13 additional homes. Sawyer would bear the cost of all roads and utilities. Town officials say that the Planning Board’s minutes state that Sawyer was directed to construct a 20-ft. wide road with 2 ft. wide paved shoulders. Highway Superintend Michael Farrell said he wants paved shoulders because of complaints he received from Washington Street residents when Town snow plows tore up their lawns.

In early October of this year Sawyer constructed a 20-ft. wide road, only it has 2-ft. wide gravel shoulders rather than paved shoulders. Sawyer maintains that he was not informed of paved shoulder requirement and that Farrell gave the gravel shoulders his blessing after arriving at the job-site and not being able to produce written evidence of the requirement. Farrell said his computer had crashed. Several days later the letter was found, but the pavement was down. The Town Board has taken the position that Sawyer’s representative was informed of the paved shoulder requirement; therefore, it should have been followed.  Because the Town will not accept the road, a Certificate of Occupancy will not be issued for the home under construction.

Sidewalk width is also at issue. Michael Farrell stated that the American Disabilities Act (ADA) requires a 5 ft. wide sidewalk. Sawyer constructed a 4 ft.-wide sidewalk. The ADA does require 5 ft. sidewalks, but there are provisions for 4 ft. wide sidewalks with passing areas every few hundred feet. The installed sidewalk does not have passing areas.

During the public comment portion of the Monday, September 10, 2018 Town Board meeting Peru Gazette Editor John Ryan/ Peru resident commented that he was in the process of writing a story on the issue. He recalled moving to Peru in part because of its excellent housing developments like Quaker Springs and later Quaker Highlands, Ormsby Circle. These projects brought hundreds of families to Peru who pay taxes and purchase local goods and services. He pointed to the tens of thousands of dollars of tax and water/sewer revenues derived from the 21 homes Sawyer has already constructed on Washington Street. Thirteen additional homes would mean even more dollars in the Town’s coffers at a time when Peru is borrowing $4 million to upgrade its sewage system.

Ryan also contended that Peru is competing with the Towns of Plattsburgh and Beekmantown for new residents. Neither Plattsburgh nor Beekmantown require paved shoulders. Sawyer is currently completing a 21-unit subdivision in the Town of Plattsburgh. It does not have paved shoulders, nor will the streets for 40 more homes he is planning.

Ryan urged to Board to look at the big picture in their deliberations. William Sawyer is the only developer who has expressed any interest projects in Peru at this time. Sawyer said he has invested about $300,000 on the Washington Street expansion to date; however, given what he perceives as Peru’s hostile attitude, he may say goodby to Peru. Washington Street is part of the 75-acre Orchard View subdivision. When this phase is completed there will still be room for twenty-seven more homes.

Following Ryan’s remarks, Town Supervisor Brandy McDonald commented, “We’re trying to figure it out and make it work.” Later the Board adjourned to an executive session to learn about discussions between Michael Farrell and Sawyer’s representative. Town Supervisor Brandy McDonald said the Board has asked its contract engineer Peter Gibbs to study the issue. Future meetings with Sawyer or his representatives are scheduled.