Ballard Avenue, a quiet, dead end street along the canal in the Village of Spencerport where homes are tucked away from much of the "busyness" of village comings and goings. Between Ballard Avenue and St. John’s School on Martha Street is an area of approximately an acre-and-a-half. Formerly owned by Ogden Telephone Company, it was used as a right-of-way. In recent years, Ogden Telephone Company was sold to Citizens Communications, which is based in Texas and owns property all over the United States.

Citizens Communications put the land up for sale, but no one on Ballard Avenue was aware of this. Home Pride Builders made an offer to Citizens Communications and has proposed to build five homes on this parcel of land.

Ballard Avenue residents are upset and say they feel cheated. "If we knew it was for sale," Janet Plucknette of 32 Ballard Avenue says, "we would have bought it. If you put five houses back there it would look like the city … it would take that ‘someplace special’ away. There is not enough room back there." Other concerns are water and drainage as well as the desire to "preserve the green."

Home Pride Builders went to the Village Planning Board for variances. Building Inspector Scott Zarnstorff said that the "request was denied without prejudice," meaning that the board did not disapprove or approve. "The applicant can come back asking for different variances. They are still working with the planning board. At this point there has not been any decision made. The planning board reviewed the case and made recommendations to the zoning board that the lots should be designed to conform to zoning regulations."

Zarnstorff said, "I don’t know a hundred percent how Home Pride found out about it (being for sale). I don’t know what legal documents have been drawn on it. That is a real estate issue."

Jim Marasco, who lives at 9 Ballard Avenue, said, "As neighbors, and I am one of the closest, we’re definitely pretty unified on our position that it does not warrant five houses back there. I am not opposed to reviewing alternative plans of development, but they would have to be in the best interests of the neighborhood and its inhabitants." Marasco said that if he had known the property was for sale, he would have bought it and is trying to now. He said that about 50 residents have voiced opposition to the plan. "We don’t feel it is in the best interest of the village. It won’t enhance the neighborhood or the village or property values."

Marasco said, "Homes will actually be dropped in backyards between the school and backyards. There is no access. There would have to be shared driveways off the dead end. If the neighbors didn’t ban together it would have gone through. It makes you wonder what the village looks at." Asked if he felt he was being heard by the village, Marasco said that the neighbors have definitely slowed down the process.

Another issue according to Marasco is that one of the Planning Board members, Tom Fairbrother, has been asked by the Planning Board Attorney, Keith O’Toole, to abstain from voting on the plan and from publicly speaking on it. A gag order was placed on him. According to Marasco, "Tom is very outspoken … has intelligent questions. They have construed this is negative from this."

In an August 21 letter to Richard Olson, Village of Spencerport attorney, Marasco wrote, "We demand that Tom Fairbrother be allowed to vote on any issues concerning the Village Planning Board and Home Pride Builders." Later in the same letter, he writes, "We the residents are afraid that the democratic process of having these board members represent us in matters such as these is becoming compromised. These actions are forcing us to retain our own counsel and outside specialists to scrutinize the actions of the village and the plans of the developer, Home Pride Builders."

Responding to that letter, Attorney Keith O’Toole wrote, "As Planning Board attorney, it is appropriate that I offer the reply to your letter. As your letter implies a threat of litigation against the village (and all the costs such litigation would impose upon village residents), I regret that it would be inappropriate to discuss the legal foundation of the planning board’s actions on this issue, with you, or any other potential litigant." The letter continued to say that "the planning board welcomes your (his) involvement in the process."

Marasco sent another letter to Mayor Ted Walker on August 27. The letter appealed to Walker and the Village Board of Trustees for help. Referring to the gag order on Fairbrother, Marasco wrote, "We deem these actions unfair and unfounded … Mr. O’Toole has responded by stating our request was inferred as a precursor to litigation and will not disclose any information to us on this decision. Our request did not threaten litigation. Furthermore, under the Freedom of Information Act, we as citizens, have the right to review the information leading to this action."

In a phone conversation, Tom Fairbrother stated, "I spoke out at the zoning board (meeting). The attorney for the builder requested that I withdraw from the proceedings, as it appeared that I had made up my mind; and on the advice of the village planning board attorney, I did so." Deputy Mayor Ted Rauber had "no comment."

Phil Giardino, of Prudential Twelve Oaks Realty, the realtor which represents Home Pride Builders, issued the following statement: "As a realtor I am very excited about the project. We want what’s best for the community. We are working hand-in-hand with the village to obtain a result that is beneficial to the neighborhood and for the village. We feel it would be a real asset to the neighborhood. We’ve made several adjustments to our original plans for the benefit of not only the village, but the immediate neighbors to conform to what’s already there."