The only person on the board that questioned the zone change was Councilman Backman who ultimately voted 'nay'; Councilman Woodland also voted 'nay' because his constituents did not want the zone change [the business park is in Councilman Woodland's Ward].
The other two councilmen and the town supervisor were able to rationalize their 'aye' vote even though 6 out of 7 members of the Planning Board felt that the zone change was not in compliance with the Comprehensive Plan. We can't help but ask...WHY?
We were eager to receive our FOILed copy of the April 25, 2012 town board minutes, the meeting where the town board approved Mr. Adler's zone change from Planned Development Park [PDP] to [Planned Development Mixed Use] PDMU, so we could see how the town addressed the requirement of Town Code Article XIV. Amendments:
§ 118-88. Town Board procedures.We found no language in the resolution that addressed conformity with the Comprehensive Plan.
E. Conformance with Town Comprehensive Plan. In all cases where the Town Board shall approve an amendment to the Zoning Map, said Board shall find, for reasons fully set in its resolution, such amendment to be in conformity with the Town Comprehensive Plan.
Actually, the only mention of the Comprehensive Plan was in the discussion by the board members prior to the vote:
"Councilman Backman had two impediments to his vote tonight – 1.) does the Town’s comprehensive plan comply with the zoning law;"AND
"Lawrence Adler (New Hartford Office Group) submitted a letter dated April 4, 2012 agreeing toCouncilman Backman's question was never answered and Mr. Adler did submit a letter.
“…..limit retail development on lands it owns, including those parcels zoned Planned Highway Business (PHB) and PDMU. Specifically, prior to an update of the Town Comprehensive Plan, the New Hartford Office Group will limit retail development to no more than 175,000 square feet on the PBH and PDMU zoned lands.”
However, by Mr. Adler's own letter, he acknowledges that the rezoning does not comply with the present Town Comprehensive Plan. There is nothing saying that when [and if] the Comprehensive Plan is updated, Mr. Adler's zone change will fit in with the updated plan.
Here is a copy of Mr. Adler's letter which, by the way, according to the April 25, 2012 town board minutes, "The Town Attorney confirmed that the April 4, 2012 letter is binding."
Here is a copy of the entire town board resolution allowing the zone amendment change from Planned Development Park to Planned Development Mixed Use.
In reviewing the adopted resolution, we did find one other problem [PAR Technology...Mr. Casciano...take note, this could come back to bite in the future].
Section 1 of Schedule “A”, TOWN OF NEW HARTFORD, NY LOCAL LAW NO. THREE OF 2012 says:
#328.000-3-10.1 (the portion that is vacant only is being rezoned) - Par Tech Corp.Then Section 3 says:
This local law eliminates the PDP zone which comprises parcels owned by Par Technologies being used for research and development and manufacturing."Eliminates" the PDP zone for the parcels being used for research and development and manufacturing?
Correct us if we are wrong, but if they are only rezoning the vacant portion of tax map # 328.000-3-10.1, and not the part of the parcel where the research, development and manufacturing facilities are located and, at the same time, according to the adopted resolution, the local law will "eliminate" the PDP zone for the research, development and manufacturing part of the parcel, doesn't that leave the PAR manufacturing facility "zone-free"?
Perhaps the word "eliminates" should be replaced by the word "retains"...
Eliminate...To get rid of; remove
Retain...To keep or hold in a particular place, condition, or position.
Yep...we think that PAR would like to "retain", not "eliminate", the PDP zoning for the portion of their property currently used for research, development and manufacturing. See our blog of April 25, 2012...Rezoning on the table at tonight's town board meeting...
It would appear that the "official record" needs to be changed and since all local laws have to be filed with the Office of the Secretary of State before they become effective, perhaps someone should check to see just what was filed and at the same time make sure that the Town Code book entry is correct.