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12-07-2006
ZBA approves change of use


By JIM AUSTIN

Editor

A proposal to locate a bank at 73 Chestnut St. cleared a major hurdle Tuesday when the zoning board of appeals approved the change in use following a public hearing.

The financial institution, to be known as Bank of Cooperstown, would occupy the space that currently houses Ron Mitchell’s antique shop. A site plan application must still be submitted to and approved by the planning board.

Neighbors attended the public hearing to express concerns about the change in use and its impact on the surrounding area.

The building is in a R-2 residential district and the antique store is a non-conforming use. The bank would also be a non-conforming use.

Village trustee Jeff Katz, a Chestnut St. resident, asked the ZBA if the new use would be an expansion of the current non-conforming use.

As many as seven employees is an expansion of the current use and a 24-hour ATM is a ``huge expansion,’’ he said, adding that Chestnut St. between the intersections of Elm St. and Glen Ave. is already a problem with traffic.

Bill Rigby, an Elm St. neighbor and member of the planning board, said it would be nice if non-conforming uses slowly disappeared, but they usually don’t and that it was reasonable to find a suitable use for what was built as a commercial building.

``What’s the alternative, another baseball store?’’ he asked.

Patti Ashley, another Chestnut St. resident, said she sees the bank making

the situation worse. The proposal, she said, does not address lighting or signage.

She was also concerned that although the bank’s intends to have a 24-hour walk-up ATM, it does provide an assurance there won’t be a drive-thru sometime in the future. She said she would like the ZBA to require a guarantee that there won’t be one in the future.

Rigby said he didn’t believe a walk-up ATM would be a big problem and cited the one at NBT’s location on Pioneer St, but Ashley reminded him it wasn’t in a residential district.

Barbara Lasher expressed some concern about signage and pointed again to NBT’s Pioneer St. office whose sign, she said, is ``jarring.’’

Michael Briggs, representing USNY, said they were cognizant of the issues and would work to minimize the impact on the neighborhood.

He said they would be more than willing to commit to a no drive-thru ATM promise.

``We want to be good neighbors and create a bank that is an asset to the community.

ZBA member June Christman said she can remember many of the businesses that have occupied the building over the years and ``can’t see where this is going to generate any more traffic than what has been there.’’

Board member Rick Jagels said he was concerned about the expansion of a non-conforming use wondered if a business that catered seasonally to tourists would have less impact.

``I’m thinking about the neighbors and if it is preferable to what else could go in there,’’ he said.

Bob O’Neil, a Cooperstown resident and director of the proposed bank, said he understands all the problems because he is in the village.

``We will do whatever the town requires us to do. We’re not going to play games,’’ he said.

Joan Badgely, who lives next to the property on Elm St., said she is worried about parking and lighting.

``No matter what goes in there, it will change the character of the neighborhood,’’ she said.

Some of these issues are informative, but they are not up to us, said ZBA chairwoman Susan Snell.

``We’re not out there trying to generate foreign ATM transactions. We’re trying to cater to our local customers,’’ Briggs said. ``We don’t want to leave it lit all night.’’

Former mayor and ZBA member Wendell Tripp said it was a tough decision and if there had been a drive-thru ATM in the proposal he would have voted against it.

A proposal from Key Bank to put a 24-hour drive-thru ATM at the corner of Chestnut and Beaver Sts. was derailed two years ago because of neighbors concerns about lighting and traffic.

Ashley said she was not saying the proposal was a good thing or a bad thing, but that it was up to the board to protect the residents.

Snell commented that she was in favor of the proposal as it was described in the narrative provided by Briggs.

The board unanimously approved the change in use that included a restriction on a drive-thru ATM. Other concerns the neighbors have would have to be addressed through the site plan review by the planning board, they said.

Following the meeting, Briggs said they have not yet worked out a timetable for opening the bank, providing it is approved by the planning board. He said it is likely they will submit their site plan to the planning board in January.



 
 
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