Stony Point residents fight apartments

by Karen Keefe
Grand Island Dispatch, April 7, 2006

A handful of neighbors of 1282 Stony Point Road told the Town Board on Monday that they don't want three apartment units to go in at the former site of Russell Certo's physical therapy office.

At a public hearing, opponents of Certo's rezoning request voiced concerns over the effect apartments could have on their property values and the character of the neighborhood.

"We didn't buy a restricted property, he did." Doug Smith said of Certo. Smith, his wife, Polly, and eight other neighbors immediately adjacent to the property signed a petition opposing the rezoning.

Smith said while he didn't begrudge the owner prospering, he didn't want that to come at the expense of neighbors.

Formerly a doctors' office

Certo's office, and a medical practice before it, were considered legal, non-conforming uses of the property that lies within the residential district.

Certo moved his physical therapy business from the Stony Point site to a new location on Grand Island Boulevard last year. He requested that 1282 Stony Point Road be rezoned from R-1E, which is residential single-family, to R-3, which is multi-family residential.

The Town Board has just drafted a set of restrictions agreed to by Certo and submitted for consideration by adjacent property owners. Copies of the draft rules were handed out Monday night. The proposals would: limit the use of the property to residential apartments; restrict the number of units to three; confine any modifications to the perimeter of the existing structure; prohibit expansion of the parking area on Hennepin Road; and reduce the parking on the Love Road frontage to a maximum of eight spaces.

Current Violation Claimed

Smith claimed there's a zoning code violation right now, because of current multi-family use while Certo's rezoning request is pending.

He said there is "an ongoing pattern of defiant behavior" with regard to the building's use and "a reluctance of town officials to monitor it." He said 75 percent of the closest neighbors oppose the rezoning. If even 20 percent of the adjacent neighbors oppose it, Smith said the Town Board would, by law, need a "super majority" to approve the change. He calculated that approval would require a 4 to 1 vote.

However three speakers expressed support of the rezoning for apartments. Contractor John Tripi Jr. said spot rezoning makes sense in this case, "simply because you'd be taking a commercial business and getting it out of the residential neighborhood." He said the business drew 50 to 100 cars a day, while rezoning for apartments would reduce drive-up traffic to six to eight cars, maximum.

Tripi said he looked at the building for Certo, with the possible intent of converting it to a three-family apartment building. He said currently the top floor has an apartment, and the main floor and basement were the professional office.

Contractor Describes Revamp

It wouldn't take a lot of work, Tripi said, to revamp the property for three-family use that conforms with the theme of the neighborhood. The biggest changes, he said, would involve reducing the size of the parking lot, putting in more grass and possibly building a garage for the tenants.

"I hope the town makes an exception and will spot rezone something that I think, in the long run, is best for the neighborhood and also is best for Grand Island," Tripi said.

Ken Pelletier currently operates a distributing company, Santé Wines, at the site, but said he would be leaving within the next few months. He agreed with Tripi that the multi-family residential use Certo seeks would be more in keeping with the neighborhood than a commercial business there.

Love Road resident Kathy Carbonetti said of the property, "I don't think there will be any problem, as long as it is cleaned up."

Opposition Not New

But neighbors immediately adjacent to the building say a professional office is what they're used to, and the requested rezoning clashes with the character of their quiet residential neighborhood.

Peter Kuszczak, Hank Carroll, and Betty Ann Wilke joined Smith in voicing opposition to the rezoning.

Kuszczak said he's been anxious for this issue to be resolved since it was tabled by town officials last year. "I've been opposed to changing (the zoning) ever since August of 2004."

Carroll said the proposed rezoning "would set a dangerous precedent" and have a detrimental effect on property owners. His concerns included potential lawsuits, transient tenants and - the worst-case scenario - a vacant building. "Since Mr. Certo may sell, his request should be denied," Carroll said.

Wilke suggested another option for the property - building a house where the parking lot current is.

Town Board members entered all comments into the record, referred the adjoining residents' petition to the town assessor and voted to refer the rezoning request back to the board for further study.

Councilman Dick Crawford, who is deputy supervisor, conducted the meeting in the absence of Supervisor Peter McMahon.

Architectural Review Board Changes

In other action Monday, the board:

•Referred to the Town Board a proposed town code amendment to change the jurisdiction for the Architectural Review Board. Currently, both residential and commercial building permits go to the review board. This proposed law would streamline procedures so that commercial review would remain, but permits for single-family residences would no longer be required to have the board's review. However, the code enforcement officer may still refer to the board a permit application for a single-family residence whenever special or unusual circumstances are present.

•Appointed Daniel Stinson to the town's Community Enrichment Council to complete a term that expires on Dec. 31.

•Set a public hearing for 8 p.m. Monday, April 17, on a request for rezoning 28.5 acres at the southwest corner of Fix and Baseline roads from R-1D to R-1E.

•Authorized the supervisor to sign contracts for water and wastewater service at Beaver Island State Park.

•Authorized the supervisor to sign a contract for participation in the New York Power Authority Relicensing Consortium, subject to the approval of the town attorney.

•Approved the request of Recreation Director Linda Tufillaro to hire nine part-time summer employees.

Decrease in Contract Costs

•Approved change orders resulting in a decrease in costs of $25,385 to the performance service contract for water meter installation with John W. Danforth Co. of Tonawanda, subcontractor for Wendel Energy Services of Amherst.

•Referred to the Town Board and the town attorney for review a request for a transfer of 10 additional feet of property at 2307 Bedell Road from Donald Loder to Hanz Sterzelbach.

•Referred to the Town Board, the Planning Board and the zoning inspector a request by Larry and Cheryl Stolzenburg to merge and subdivide property at 3077 Love Road.

•Approved paying town vouchers totaling $191,671.62.

•Authorized the supervisor to sign an agreement for additional compensation of $2,600 to be paid to URS Corp. for extra work revising Grand Island's Local Waterfront Revitalization Program.