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1-24-2008

Board delays parcel rezone


By JIM AUSTIN

Editor

The board of trustees decided Friday morning to wait for a more specific recommendation from the planning board before moving ahead with rezoning the old railroad right-of-way.

But on Tuesday, the planning board held off making the recommendation until it had a chance to gather more information.

Joseph Galati is under contract to purchase the property from the Leatherstocking Railroad Historical Society and wants to develop it. He has looked at a number of different options, including housing, a motel, a restaurant, selfstorage units and paid parking.

Months ago, he expressed his desire to see the property rezoned from commercial to residential, and last week wrote a letter to the board of trustees asking them to consider a change to a coordinated development district.

During the meeting Friday, Mayor Carol Waller took pains to explain the discussion about rezoning the property was not specifically about Galati’s request.

The board should look at the property on its merits alone, she said.

“Our job is to rezone based on the needs of the neighborhood,” said Trustee Jeff Katz, who said he did not care for the tone of Galati’s letter to the board. Katz said he had a problem with catering to the needs of a single person.

Another trustee, Paul Kuhn, said he, too, was bothered by the letter.

‘’We’re not here to help him,’’ Kuhn said, adding that Galati was not the impetus for the board’s discussion of rezoning the property.

Charles Hill, a member of the planning board, which earlier recommended the property be rezoned residential, said that despite the fact the property is a 1,800 foot sliver of land, a considerable amount of development could take place.

‘’If kept as commercial, a person can do a number of things,’’ he said.

Hill said the planning board was looking at what was best for the village when it made its general recommendation for rezoning as residential.

‘’We didn’t get into R-3 or R-2,’’ he said.

He suggested that it may be best for the village to hire a consultant to guide the village through the process of rezoning, particularly if it was to be a coordinated development district.

Mayor Carol Waller commented that if the village hires a consultant, it would be best to look at zoning throughout the village.

Katz asked village attorney John Lambert if the board would be on solid ground to ask for a moratorium.

The board could always ask for a moratorium, Lambert said, but added he was certain Galati would question if it was done just slow down his project.

‘’This would not be to delay a project, but to look at the whole village,’’ Waller said.

Hill said some trustees may have been upset with the tone of Galati’s letter, but thinks there was a positive tone to the letter.

He’s dropping the other uses and pushing for residential.

‘’Going the residential route is very positive. I think he’s heading in the direction the planning board feels he should be,’’ Hill said.

Bill Rigby, a former member of the planning board and a member of the board of the Leatherstocking Railroad Historical Society, said he agreed with Hill.

‘’I think you’re here because of Mr. Galati, not because of the Leatherstocking Railroad Historical Society,” Rigby said.

Rigby said the village has left the society out of the discussions of rezoning the property and much of the planning for the Village Gateway project, and that it is time to establish some contact with the group on a formal basis.

At one point, Trustee Milo Stewart asked about the possibility of the village purchasing the property, but the idea was not discussed.

Katz said that clearly the board ‘’wants to go to residential.’’

‘’I’m thinking R-3,’’ Waller replied.

But Kuhn said the coordinated development district offers more flexibility for the difficult piece of property.

The R-2 and R-3 districts are too restrictive, and he is not in favor of granting a number of variances for the development of the property.

A coordinated development district would be doable, and is frequently used when other zoning is not possible, Hill said.

Houses could be fit in, but the density would not exceed the R-3 level.

Katz said the board’s concern should be to rezone for residential and not to suit an individual applicant.

``How it gets developed and who buys it are not our problem,’’ he said.

Kuhn said if the board wants to rezone it so it is practical to develop, he isn’t sure that R-2 or R-3 is the way to do it.

Katz said rezoning to an R- 3 doesn’t preclude rezoning it again to a coordinated development district, and made a motion to rezone the property R-3.

But during discussion, some trustees wanted a more specific recommendation from the planning board before moving ahead with rezoning.

Katz withdrew his motion, and the board will wait for another recommendation from the planning board.

During Tuesday’s planning board meeting, members discussed whether R-2, which allows only single-family residences, or R-3, which allows multiple-family residences, would be more appropriate.

The board also discussed the rezoning of some other small parcels along the right of way from commercial to residential.

Board member Dr. Roger MacMillian said he strongly favored an R-2 zone, and that neighbors had raised some serious issues about the potential development.

‘’My concern is protecting the neighborhood,’’ he said. Another board member, Matt Schuermann, said he also favored R-2 because the area is predominately singlefamily homes.

Charles Hill, who chaired the meeting, said residences could not be built on the property without going to a Coordinated Development District, cluster development or through a series of variances.

The trustees, he said, did not favor variances, so it was likely a residential development would have to be a Coordinated Development District or cluster.

Board member Sally Graumlich said she thought it would be helpful to hear from neighbors and the board agreed, scheduling a public hearing on the rezoning of commercial properties east of Grove Street between Glen Avenue and Chestnut Street.

The hearing will be Tuesday, Feb. 12, at 4:30 p.m. in the village meeting room.

 
 
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