Zoning schedule amended, development to be decided Wednesday

by Joshua Maloni
Lewiston Porter Sentinel, April 16, 2005

Through the work of a determined board and as a result of the impassioned pleas of a fervent group of orange sign-toting residents, the cluster development uncertainty has finally been put to rest in the Village of Lewiston. The Board of Trustees unanimously approved a motion to adopt a new local law regarding the zoning schedule of three districts Monday.

The minimum tract size, as described in the Village Code, listed two criteria, which were both declared void. Instead of 10,000 (R-1, R-1-A) and 6,000 (R-2) square feet, and 15 acres, cluster developments will now require five acres of land and plans must maintain at least 30 percent green space within the tract proposal.

Green space is just that, green space. It’s water-accessible, plantable land - not roads or concrete - and its percentage comes from both common and individually owned open space.

“We’ve been struggling with some apparent inconsistencies that made the possibility of doing cluster very limited,” Village Attorney Paul Grenga said.

Added Trustee Bill Geiben, “This was a major issue … a major stumbling block.”

“We’ve been trying to make it presentable,” he said of the zoning schedule. “We feel this five acres and 30 percent green space will address it.”

The new law officially signaled the end of cluster housing on the 1.67 acres of Mohawk Street between Fifth and Seventh streets. However, it eliminated the final obstacle standing in the way of George Grasser and the Game brothers’ “The Gardens at Oxbow” development. That project, now slated to include additional street parking for guests at the expense of one corner home, is on next week’s Historic Preservation Commission/Planning Board agenda as well as the Board of Trustees’ agenda. Both groups will meet Wednesday in the Red Brick Municipal Building.

If the Planning Board approves the project during its 5:30 p.m. meeting, “Oxbow” will be in the hands of the Board of Trustees at 6:30 p.m. The Niagara County Planning Board has already approved the project pending its official approval.

The Last Cluster Development?

Geiben said there are other areas within the village that could accommodate a cluster development, including areas bordering Center and Onondaga streets and Eighth and Seventh streets, though such projects there are unlikely.

So too, the likelihood of houses being torn down to create room is small. Engineer Mike Marino indicated in the Environmental Assessment Form that such a work could create a large impact on aesthetic resources and cause traffic problems.

As for variances, Geiben said developers ask at their own risk.

“You can always ask for a variance,” he said. “They’re not looked upon favorably.”

In Other News

•The 2005-06 budget will be on the agenda Wednesday. As is, the plan calls for a 12 percent tax increase, but trustees are working on reducing that number.

Regardless of the final budget figure, money will be allotted to the Municipal Code Corporation to go through the Village Code with a fine-tooth comb and recommend changes and/or updates to the board. As trustees have stated, there appears to be discrepancy in the local law, and this project is a long time coming.

•The Board of Trustees is contemplating action on items placed on or in front of property, including automobiles left on the street or on the grass, and “sandwich” boards in front of businesses and oftentimes in the village right-of-way. Existing fines will be enforced as the board determines its next course of action.

•The board approved the following delegates and wardens of the Lewiston Fire Co. No. 1 as department line officers for 2005-06: Chief William Fyfe; 1st Assistant Chief Michael Torrie; 2nd Assistant Chief Michael Game; 3rd Assistant Chief Anthony Nicoletti.

•Trustee Ken Kenney, at his first meeting since a public tiff with residents in February, once again apologized for his role in the argument.

Calling his actions a reaction to “the heat of the moment,” he said, “I apologize if I offended anyone.

“I love Lewiston; I’ve been blessed to live here.”

•Department of Public Works Superintendent Dave Jacobs celebrated his 35th year on the job this week.

“That is amazing,” Mayor Richard Soluri said in congratulating Jacobs.