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Village residents bemoan rezoning by Joshua
Maloni
A wise man once said, “The good of the many outweighs the good of the few.” While two-dozen-plus village of Lewiston residents used a public hearing on Monday to protest the possibility of rezoning the cross section of Onondaga and Smith streets – which could allow for the construction of a townhouse complex – it still might not be enough to curtail the project, which some believe would offset tax raises affecting the entire village. After careful deliberation, and patiently listening to residents blast the project, the Village of Lewiston board of trustees removed the motion to rezone from the proceeding meeting’s agenda. That doesn’t mean the project is dead, dying or buried. It means the board wants more time to consider the project’s pros and cons. Neither Mayor Richard Soluri – who is recovering from surgery – nor the project’s developer, William McDonald, were in attendance Monday night. Before the public hearing began, residents murmured that the townhouse development, which would include the construction of 18 townhouses behind Park West, was in the bag, a charge trustee Joe Fruscione categorically denied after the public commented. “Sometimes people think there are ‘done deals,’ he said. “There are no ‘done deals.’ ” Residents Speak Out Onondaga Street resident Rich Donaldson was the first to speak. He called for the project to be scrapped. “Why the sudden rush with this plan?” he asked. “The project is in flux.” He questioned why the project had moved forward without the input of the Master Plan Committee. He asked the board to properly consider what safety risks the project posed and what it would mean to eliminate the sizable chunk of green space that currently occupies the project’s intended land. Will Smith, also of Onondaga Street, asked the board why the “quaint little village” should be renovated. “I don’t understand why the village needs this money so desperately?” he yelled as he cited an increase in his taxes. The project’s sole backing Monday came from builder Santo Candella, who’s four, two-family complexes make him the largest owner of property on Onondaga Street. “I’m in favor of any kind of building,” he told the board, stressing that the townhouse complex should alleviate tax increases. “This should help us,” he said. Gretchen Morgan, who has led the rezoning/building opposition, read a letter from resident Kathleen Harold, who has also been outspoken in her protest of the project, which both women claim is illegal to change save the Master Plan. “The village of Lewiston has received legal written notice on several occasions over the past few years that any rezoning must adhere to the village of Lewiston Master Plan; it is the law,” Harold’s letter reads. “The village received written documentation from the State Department in Albany verifying that the Master Plan must be adhered to; village code states any rezoning must comply with the Master Plan, and New York state Statutory Law upholds the Master Plan as the law. “The New York state Supreme Court made it very clear to the village within the past year that the Master Plan is the law and must be strictly adhered to. (The board) … attempted to rezone in violation of the Master Plan, which they alleged to be a mere guideline and not the law.” Morgan added, “I am totally opposed to this; it is illegal.” Village attorney Paul Grenga disputed Morgan’s and Harold’s claims, stating the judge in the aforementioned case said the only necessary change would be in the SEQR form, which if properly re-filed would fall in compliance with the Master Plan and allow for rezoning. He said that approving the rezoning did not mean approving development of the land. Resident Carol Pearson interrupted Grenga, saying, “Most of us don’t want this zoning code to change. We want you to stop this tonight.” As Grenga tried to continue, Morgan added, “This rezoning action … by simply changing the map … is illegal.” As the two continued to try and talk over each other, Grenga ended the discussion by telling Morgan, “when you go to law school come back and talk to me.” It was that kind of night. Motion Removed The trustees called for a break between the hearing and meeting to consider what they heard from residents. During the intermission, many residents left. Those that stayed heard the board remove the agenda items, which read “1. E(nvironmental) A(ssessment) F(orm) – Rezoning, Onondaga and Smith Street. 2. Motion to adopt a proposed Local Law to change the Zoning Map of the Village of Lewiston as referred to in Section 4 Appendix B of the Village Code … to change the parcels of land known as: Onondaga and Smith Street (vacant) … from R-2 Residential Two Family to R-5 Townhouse Residential Dwelling.” Village Constructs Elsewhere Some village construction will go forward. A motion to adopt a resolution allowing for the acquisition of land from Kelly Gwin (in the sum of $135,000) for the construction of the new Department of Public Works Garage on Seneca Street was approved. Removal of Trees Disputed A second heated argument ensued during the meeting with regards to building around South 7th and Center streets, adjacent to Eddie’s Art Shoppe. Lou Federspiel, who resides across the street, alleged that upwards of 25 trees – some historic – had been chopped down by a contractor and hauled off by village employees. He said his scenic view changed to one of a bank parking lot. “This is supposed to be a historic village,” he said. “This is terribly upsetting.” He called the nature adjustment “an abomination.” The trees reside on private property, and trustee William Geiben said, “Individual property owners have individual rights.” The new property owners were in attendance, and defended their actions. Ron and Madeline Reed plan on creating a tasteful boutique, and cleaning up the surrounding area, which the board said had been in disrepair. The store will be called Jonalyn’s, a title that combines the names “Madeline” and “John.” John was the name of the Reed’s son, who passed away on 9/11. Fruscione called Ron Reed “a great man.” He said of the business owner, “When you do something, you do it right.” Motions Approved As the night continued, and tempers simmered, the board approved motions, which:
Peach Festival Set-up The Peach Festival will run Sept. 10-12 at Academy Park. The board approved use of the grounds by the Kiwanis Club of Lewiston for set-up and clean up. Grant Awarded Finally, with all residents departed, it was learned that the Environmental Protection Fund had awarded a grant of $75,000 towards phase three of the Lewiston Landing project, which entails expanding the Onondaga Street walkway. News and Notes
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