Micro-breweries, parking up for zoning review

David Hulse
Posted 8/21/12

ELDRED, NY — The Highland Town Board on January 13 approved and sent two requests for zoning change reviews to the town planning board.

The reviews involve two denied applications for …

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Micro-breweries, parking up for zoning review

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ELDRED, NY — The Highland Town Board on January 13 approved and sent two requests for zoning change reviews to the town planning board.

The reviews involve two denied applications for variances that came before the zoning board of appeals on January 8—one involving a micro-brewery and the other for a parking variance.

Supervisor Andrew Boyar said he had heard about the micro-brewery and “thought it was a terrific idea” that highlighted a need for a zoning change.

“When the zoning was adopted, cell towers, wind mills and micro-breweries were on no one’s mind. Now, others have [micro-breweries] and it’s very fashionable and an incentive for local agriculture,” he said.

He said the town board came up with an amendment proposal, which was referred to the town attorney, Michael Davidoff, who reviewed it and suggested Local Law #1.

In compliance with state law, the town board resolution sought a planning board recommendation for consideration of the change and requested “a response if at all possible,” in time for the town board to consider on February 10.

The board could then direct publication of advertising for the amendment and schedule a public hearing.

The second resolution asked the planners for “input and recommendations” on the question of the zoning ordinance’s parking requirements. A variance for these requirements was sought by developers of a controversial, proposed Eldred Dollar General store. It contained no request for an expedited review.

Boyar said the question of whether the regulations were “too onerous” had arisen. He said the two issues were “similar but different… [parking allotments were] researched. We knew. It wasn’t pulled out of a hat. We’re just asking if the numbers are what they should be,” he said.

During public comment, Charles Petersheim criticized Boyar for circulating a paper opposing the Dollar Store proposal. “I don’t object to his opinion, but it is not the supervisor’s role,” he said.

Quoting supporting contemporary newspaper accounts following her departure, he also rebutted Boyar’s defense of assessor Lorry King’s re-appointment, which Petersheim noted had been made after he left the December meeting. “It’s yet to be seen if she brings the same attitude back again,” he said of King.

Boyar renewed his confidence in King in response, saying Petersheim “takes certain numbers and plays with them.”

Petersheim was gone again when Boyar spoke to Petersheim’s comments about his opposition to Dollar Store. He apologized, saying he’d forgotten to respond earlier.

Boyar said he had contacted Davidoff and state authorities to confirm his action, before making his Dollar Store opposition public. “You don’t give up your First Amendment right to free speech on becoming a public official,” he said.

In other business, the board approved resolutions to accept a $219,199 bid from Campbell Freightliner of Orange County for the purchase of a Freightliner 1145D tandem dump truck, and another authorizing the attorney for the town to prepare paperwork for a seven-year, $265,000 bond to fund the purchase.

Following an executive session, the board appointed Dennis Hatton to serve the unexpired term of assessment review board member Claire Sullivan, who earlier resigned.

The recent death of Charles “Chuck” Myers was recognized with a moment of silence and several comments at the beginning of the session.

Boyar said Myers “was unquestionably the most outstanding public servant that this town is ever likely to see… a remarkable person who set an example for others to aspire to and when faced with problems ask, ‘What would Chuck do?’”

Councilman Jim Gutekunst said Myers was “the citizen of the decade… ” paused and then added, “of the century for that matter.”

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