After four months of contentious public hearings and debates amid rooms full of spectators, the conclusion was almost anticlimactic. Only a handful of people attended a special hearing Wednesday night at which the village board unanimously approved the proposed “Western Gateway” rezoning law.
The result is that while authorized zoning on Ledyard Avenue is for single-family homes only, special use permits may now be issued by the planning board for certain low-impact non-residential uses, such as offices, bed and breakfasts and museums.
The law’s intent is to emphasize new and more potential uses for the large old homes on Ledyard Avenue as a way to prevent deterioration of those properties, to maximize land use by allowing more commercial development and to help beautify the village entranceway area overall, according to the legislation.
Opponents of the law argued that it was inconsistent with the village Comprehensive Plan and would destroy the residential character of the neighborhood, but the five members of the village board disagreed.
“It is consistent with the Comprehensive Plan and will promote smart growth,” said Trustee Jim Joseph, to the agreement of the rest of the board.
The proposed rezoning of the “Western Gateway” district began in early 2014 under the auspices of a special committee of individuals representing the village board, the planning board and historical preservation commission, who wrote the law. It was also sent to the county planning board for review.
The law was publicly proposed at the board’s regular June monthly meeting, during which extensive opposition from Ledyard Avenue residents was voiced. Since then, there have been three public hearings, numerous committee meetings (which were open to the public), vast amounts of public comment and four revisions to the originally proposed law.
The final public hearing occurred on Sept. 2, at the board’s regular monthly meeting, during which multiple village residents spoke both in favor and in opposition of the proposed law.
The majority of opposition came from Ledyard Avenue residents — who have been fighting against the proposal from the beginning — who continued to reiterate their arguments that the law is inconsistent with the village Comprehensive Plan, will destroy their quality of life, benefits only a few people to the detriment of the other avenue residents, was a backroom deal among the village board and Brewster Inn owner Richard Hubbard solely so he could expand his business and that development should be confined to the Village Edge South area on Route 20 East.
Opposition also came from the Cazenovia Preservation Foundation, whose president, Carlos Gavilondo, submitted a letter to the board and spoke briefly during the meeting. Gavilondo said that while the final draft of the law was “much better” than the original version, the CPF did not support its passage because the organization felt certain aspects still “fell short,” especially in the areas of parking regulations, modifications to existing buildings and adequate enforcement of the law.
As for supporters of the law, the most people to date spoke in its favor, all of them saying they believed the law was in-line with the Comprehensive Plan, would promote smart economic growth and would maintain the aesthetic beauty of the western entry into the village. Many also said that Ledyard Avenue is already a mixed use zone – not a residential one – and the law will simply codify, and thereby regulate, those uses.
Planning board Chair Rich Huftalen, who also served on the legislation committee, also spoke, calling the accusations of backroom deals “an insult” to the public servants who worked on the law out of a desire to ensure the “future welfare of the community.”
Huftalen also responded to the accusations that the rezoning would create some sort of commercial building free-for-all on the street by explaining that the law simply allows people the opportunity to apply for a special use permit for non-residential uses. If and when the permit is granted, applicants’ projects must then be approved by the planning board and the historic preservation committee.
“The law is not a de facto site plan review,” he said. “You can’t say the law is deficient in giving guidance to the planning board.”
Mayor Kurt Wheeler agreed, saying the law does not create a commercial district — it remains a residential district with special permit uses. He also urged everyone to read the law, as well as the Comprehensive Plan, stating that many of the opponents’ concerns and arguments are answered in both.
The board then voted to close the public hearing on the law — which had been open for the past four months — and scheduled a special board meeting for the following evening, Sept. 3, specifically to vote on the law.
At the special meeting, which was attended by less than a dozen spectators, the board went through the state-mandated environmental impact review of the law, during which they declared the law would have no to small environmental impacts on the area.
The board voted unanimously for approval. The law will become effective immediately upon its filing with the secretary of state.
Copies of the final law can be read on the village website. Copies of the approved resolution can be read at the village office.
Jason Emerson is editor of the Cazenovia Republican. He can be reached at [email protected].