No parking variance for Dollar General store

David Hulse
Posted 8/21/12

ELDRED, NY — By a three-to-one vote, the Town of Highland’s Zoning Board of Appeals (ZBA) on January 8 denied the parking variance application of Primax Properties LLC, which has a controversial …

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No parking variance for Dollar General store

Posted

ELDRED, NY — By a three-to-one vote, the Town of Highland’s Zoning Board of Appeals (ZBA) on January 8 denied the parking variance application of Primax Properties LLC, which has a controversial proposal to build a store to house the chain retailer Dollar General in Eldred.

An audience of about 100 persons turned out for the 2.5-hour public hearing on the zoning variance.

The variance is needed because Highland zoning requires one parking space for every 100 square feet of a commercial structure.

The project would be built on an empty lot just off Eldred corners, adjoining the former Orchard Terrace on the west side of State Route 55, opposite the law office-home of Andrew Boyar, the supervisor of the Town of Highland.

The planned structure is 9,100 square feet, which would require 91 spaces, but Primax attorney Jeff Kaplan said 91 were far more than needed.

Engineer Larry Marshall said the average parking at Dollar General stores has 25 spaces. “What we want is 33,” he said.

ZBA Chairman Larry Fishman said he had the town engineer survey the property for usable parking and found the maximum spaces possible to be 70.

As an alternative, Kaplan said additional spaces could be available to the developer on the adjoining property. Fishman said that for purposes of the variance, the parking spaces had to be on the same lot.

Norman Sutherland, who favored the variance, said that a similar variance had been granted to the “pizza place” in Barryville. Fishman said he was not familiar with that decision.

The public comment was divided almost evenly, but most of the comments, both for and against, related to the whole project, rather than the variance.

Opponents were against a chain store’s impact on Peck’s Market and the jobs it offers, saying that Dollar General jobs are fewer and paid less, and that store profits would leave town. Many others said the box store would reduce property values and hurt Eldred’s small-town atmosphere.

Many of those in favor said the store would add to the tax base, that the hamlet has no shopping alternatives and that lower-income people needed competitive prices.

Fishman said the tax impact to the town would be about $5,000, and $12,000 to the school district, with the remainder going to the county.

Norman Bohs had concerns about the variance and any potential effect on the hand-laid stone foundation of the adjoining 1859 Eldred United Methodist Church, where his wife Linda Bohs is pastor. He said it could shift with addition of stormwater from a large neighboring parking lot. He wanted a “guarantee, in writing,” against that kind of disturbance.

“If it gets to that point, it definitely will be considered,” Fishman said.

“I want a guarantee,” Bohs repeated.

The board also read some 40 letters of comment. All but three of these were opposed, and many contained identical language.

After closing the hearing, the board went through the state environmental impact statement, which required their answering 11 yes-or-no questions regarding new impacts from the action. They agreed that 10 of the 11 answers indicated no impact and then agreed to approve a negative declaration for the variance. Had the questions determined significant impacts, a full environmental impact study might have been ordered. The negative declaration freed them to vote on the variance.

Kaplan said that, of the five elements that should be the basis of their decision, only one was in question, that legally the parking problem is “self-created.” To that he argued that the build-out required by the ordinance would be “far more substantial” environmentally than what was being sought.

Fishman said during the hearing that he was “torn” about the decision, but joined member John Kamp and Ken Byrne in voting no. Christopher Dampman voted yes.

Member John Marciano did not attend, but sent a letter instructing the clerk to enter his “yes” vote.

Board attorney Michael Davidoff said Marciano’s absentee effort could not be counted.

Kaplan asked the board to explain their vote.

Davidoff said they did not need to explain.

Kamp was the only board member who spoke, saying that “small-town America had spoken and said specifically why. If you press this further,” he added, “it will only reinforce their opposition.”

Davidoff instructed board members not to comment further.

Following the decision, Primax representative Adam Sellner said he wasn’t sure what would happen next. “We could withdraw or build 91 spaces,” he said.

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