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Judge reserves decision in car shop dispute
Updated: August 21, 2010, 3:03 AM
A West Amherst day care center wants a judge to shut down a car repair shop because of a concerns about air quality.
State Supreme Court Justice Diane Y. Devlin reserved decision Friday following arguments in her court from lawyers for the Doodle Bugs! day care center and Carstar Collision of Amherst.
Carstar this week opened a shop in an abandoned auto dealership in the 2700 block of Niagara Falls Boulevard, a few hundred feet from the day care center.
David Snell, owner of the new shop, and Anthony Insinna, president of Doodle Bugs!, were in court for the hearing. Devlin did not indicate when she would issue a ruling.
Attorneys Marc A. Romanowski and Sunil Bakshi argued for the day care business that neither the state Department of Environmental Conservation nor the Amherst Town Board performed the necessary environmental quality review before giving Snell the green light for his $2 million venture.
Snell’s attorneys, David G. Boniello, Jeffery Palumbo and Christopher A. Cardillo, argued that the town took the legally necessary environmental “hard look” at the body shop and the state agency found its operating plans do not create a health hazard with the amount of paint fumes it might generate.
Snell, whose business occupies a portion of the old Frontier Chevrolet dealership at Niagara Falls Boulevard and North French Road, declined comment after the session.
His attorneys argued that the former dealership was always allowed to operate a repair shop on site and that two gas stations operate less than a mile from Doodle Bugs!
Boniello noted that in addition to the day care facility Insinna operates off the boulevard, he operates a center on Transit Road near a dry cleaning business and a body shop.
Romanowski and Bakshi argued that the Amherst Town Board violated town zoning laws that require a “supermajority” vote of 5-1 due to alleged public opposition to the shop, rather than the 4-2 vote that approved the rezoning.
Romanowski also argued that the “hard look” required under state environmental laws “was never taken” and any operational mandates the town and DEC have imposed on the body shop are inadequate from a health-safety standpoint.
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