CAZENOVIA — During its Dec. 4 regular meeting, the Village of Cazenovia Board of Trustees introduced proposed amendments to the village code regarding special uses in a B-1 zoning district and the definition of the term “sign.”
The current village code states that in a B-1 zone, dwellings, owner-occupied transient occupancy lodging, non-owner-occupied transient occupancy lodging, and dormitories are specially permitted uses in upper stories of a building only in combination with permitted nonresidential use(s) on the first floor in the same building.
The village board is proposing an exception for corner lots that have frontage on both Albany Street and an intersecting street.
Within a mixed commercial/residential use occupancy building at such a location, dwellings would be permitted on the ground floor within the portion of the building that fronts on the intersecting street.
“Currently in the B-1, it requires that for any residential use on the upper floors, there be a commercial or office or some [other] type of non-residential use on the first floor,” said Village Attorney Jim Stokes. “That was put in five or six years ago, [I think], in order to preserve the storefronts on Albany Street, so that you didn’t have residences of one kind or another occupying those storefronts.”
Stokes added that when considering the informally proposed redevelopment of 99 Albany St. — the former Napa store — and 103 Albany St. — a former gas station — into a new mixed-use retail/residential building, the village noticed that there was an issue with the zoning.
The owners of the properties, Michael and Jacqueline Silberberg, of Berkley Properties, LLC, are proposing a first-floor commercial use on the Albany Street side of the building and a first-floor residential use on the Center Street side, which is adjacent to a residential district.
“Technically, that doesn’t fit with the B-1 zoning,” said Stokes. “So, to keep with the original intent of the zoning code, this is a proposed amendment, upon which we would have to have a public hearing next month, that would allow for properties such as this that are on a corner lot to have residential on the non-Albany Street side of the building.”
Mayor Kurt Wheeler pointed out that the developer made the proposed design with the intention of minimizing the impact of the building on the adjacent neighborhood.
“Commercial uses would have higher traffic and higher impact on the neighborhood,” he said. “They actually were being very farsighted saying, ‘Hey, we’d like to do residential on the back side to have less impact on the neighborhood. So, they are trying to do the right thing, trying to be considerate of neighbors. . . . After we did the comprehensive plan, [we] went through literally page by page, paragraph by paragraph, and redid all our zoning, and there are things that you just don’t anticipate.”
Wheeler added that he thinks the proposed amendment preserves the intent of the B-1 special uses section of the code while allowing for a more compatible use with the residential neighborhoods that might be behind Albany Street.
“It’s a win-win with this change,” he said. “It allows the developer to do something that is actually better for the surrounding neighborhoods.”
The draft local law that was introduced during the meeting also proposes revising the definition of the term “sign” to read as follows:
“Any representation placed to identify, express, advertise or promote the interests of, or portray the intellectual or artistic creation of, any person, business or other entity on a building or structure or by any other means elsewhere on a lot in view of the general public. ‘Representation’ shall include any lettered, pictorial, artistic or graphic matter, including letters, words, symbols, logos, colors, paintings, emblems and insignias, and any background panel, frame, structure, or other material or part thereof which displays such representation. This term shall include all signs.”
After reviewing the draft local law, the board scheduled a public hearing on the proposed amendments for Tuesday, Jan. 2 at 7 p.m.
A complete copy of the proposed local law is available for review at the office of the village clerk during the clerk’s normal business hours.
The board’s January regular meeting will be held on Tuesday, Jan. 2 at 7 p.m. in the Village Municipal Building, 90 Albany St.
