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Nearly 100 attend as Ogdensburg council tables bill to bypass traditional zoning laws for certain structures in residential areas

Posted 10/15/14

Updated at 1:20 p.m. to include comment from Ogdensburg City School District business manager maintaining Lincoln School sale has not been finalized. By JIMMY LAWTON Ogdensburg City Council tabled a …

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Nearly 100 attend as Ogdensburg council tables bill to bypass traditional zoning laws for certain structures in residential areas

Posted

Updated at 1:20 p.m. to include comment from Ogdensburg City School District business manager maintaining Lincoln School sale has not been finalized.

By JIMMY LAWTON

Ogdensburg City Council tabled a zoning bill that would allow certain structures in residential areas to bypass traditional zoning laws after nearly 100 people attended the meeting Tuesday.

What started as a public hearing about the zoning bill became a nearly two-hour forum that pitted residents in the proposed Adaptive Reuse District and supporters and members of Step by Step, a provider of community-based mental health services, against each other.

Although the bill proposed by council included approximately 36 parcels that would fall under the new zoning district, most of the discussion centered around what several speakers said was Step by Step’s recent purchase of Lincoln School from Ogdensburg City School District. Some expressed concern the issue was not well publicized.

However, in an email message sent shortly after noon today (Oct. 15), Jeff Swanson, who serves as business manager for the Ogdensburg school district, said the district has only received a purchase offer for Lincoln School, but the sale has not yet been finalized.

Swanson later confirmed that the board had approved the sale and received a $10,000 deposit, but that the title had not yet been transfered.

Step by Step Inc., which is on Ford Street, bought the property for $15,000, said speakers at Tuesday night's meeting.

James McCarthy who works at the Ogdensburg School District said Step by Step was quiet about their plans prior to the sale.

The forum included pleas from a number of speakers who accused homeowners in the area of fearing consumers of Step by Step’s services, as well as several testimonials from Step by Step consumers.

Among those speaking was former Ogdensburg Journal publisher Chuck Kelly, who praised Step by Step and acknowledged the concerns raised by residents. He asked the board to table the resolution and think long and hard on a solution that would not divide the community.

And while some homeowners did express concern about the relocation of Step by Step, others were concerned about the proposal, which would establish a joint commission to review changes of use on properties that would fall into the new zoning district.

The proposed law would allow any parcels in the ARD to circumvent the traditional zoning process, which would require a special variance. A similar law already exists for parcels of 2 or more acres, but these properties were too small to be covered by existing legislation.

Mayor William Nelson lost control of the meeting several times as members of the crowd interrupted and questioned speakers and board members out of turn.

Several speakers were also allowed to exceed their allotted five minutes and others spoke before the board twice.

Even after the public hearing closed, attendees continued to shout questions at the board.

City Planner Andrea Smith said the new district was needed because many of these buildings were built in the residential areas prior to the existence of zoning laws.

Smith assured the board and attendees that the law would “streamline” reuse approval process and offer adequate protection for homeowners and their property values. She said the planning and zoning boards drew up the proposal after city planners rejected a proposed reuse for Washington School.

Mayor William Nelson said a new zoning law is needed to ensure the vacant schools, churches and other buildings in residential areas don’t become blighted properties.

Among the properties Nelson was concerned with were the former Washington, Sherman, Lincoln and SMDA schools.

Councilor William Hosmer expressed several concerns about the law. He said the ARD does not clearly set forward reasons why a plan can be mitigated, denied or approved as traditional zoning and planning boards do.

“There is no criteria, it’s just up to five people,” he said.

He was also dissatisfied with the structure of the joint commission that would approve or deny site plans in the district. The commission would include planning and zoning board members as well as one member from city council.

Hosmer said this would take power away from the city council and put it in the hands of appointees who are selected by the mayor and not accountable to taxpayers and residents.

Hosmer said that Mayor Nelson has always sought board approval for board appointments, but wanted assurance that future mayors would be required to seek board approval. Hosmer called for a change in the city charter to ensure this would be done.

The board unanimously voted to table the proposal, but is expected to discuss the issue further with the planning and zoning board.

A planning board meet is set for tonight at 5:30 p.m. Although the board said it did not plan to address the issue at tonight’s meeting, councilors acknowledged with would likely be brought up.