FREWSBURG – Carroll Town Board members still have taken no action on a building project that has upset Frewsburg residents.

The board held a special meeting recently to discuss the request by Diamond Builders to build an apartment complex at 82 Falconer St., Frewsburg. The meeting was packed with concerned citizens and representatives from Diamond Builders construction company, which is owned by John Dietrick, who himself was also present.

The issue for the trustees to tackle was if they should grant or refuse Diamond Builders a permit to build the proposed apartment complex. The board members questioned several of the items brought before them regarding the pros and cons of issuing the permit.

“I have the official report from Ronald Rubino from GAR Appraisals Limited Liability Corporation (LLC),” said Russell Payne, Carroll town supervisor. “This is a good report.”

Payne also explained that Rubino believes the report would provide the town with some litigation documentation if needed. Payne highlighted some of the key points that Rubino made in his official report.

“The proposed multiple dwelling units are permitted by right under the existing zoning, but a special use permit is required by the Town of Carroll before the project can proceed,” said Payne. “It also states that the proposed development will have a mostly positive impact on the subject neighborhood, village of Frewsburg and town of Carroll with positive or potentially positive impacts on local population, development of a vacant site, local construction jobs, tax base, economic impact and development of a vacant site on moderately traveled roadway. The building will also have good curb appeal and strictly comply with site and building requirements.”

The report concluded there will be no material impacts on the marketability, marketing time and market value of adjacent homes once the proposed development is completed.

“GAR Appraisal is the standard when it comes to this line of work in New York,” he said. “They (Town Board members) insisted we have this done and now they don’t like the results of the report,” said Arthur Bailey, Diamond Builders legal counsel.

Trustee Tim Burkett presented what he said was a counterpoint of view by a local real estate agent.

“Heather with ERA Real Estate said that if she had to list a property adjacent to the proposed apartment complex, that she’d have to take 25% off the sales price right off the bat.”

Gary Segrue, speaking for Diamond Construction, stated how the owner and the company are vested in the town of Carroll and Frewsburg, and are within their rights to develop the land in question.

“Tim, are you going to just keep looking until you find something to stick?” Segrue asked. “Mr. Dietrick and his company have complied and conformed with every code request and setback. He is fully within his right to develop this land.”

Village Attorney Mike Panebianco previously said the board can’t deny the building permit on grounds that it doesn’t want the project. Panebianco further clarified that any objection would have to meet the legal grounds for objections in the village’s zoning code, as read by Payne.

“There must be a valid reason to deny the permit according to the law. The zoning law allows for this type of construction,” Panebianco said.