Village of Lewiston adds self-storage law, approves redesigned Academy Park pavilion

By Joshua Maloni

GM/Managing Editor

Trustees in the Village of Lewiston voted Monday to prohibit new, dedicated self-storage facilities – though they left the door open for storage as an accessory use.

At the start of a public hearing preceding the vote, municipal counsel Joseph Leone said, “We had previously had a public hearing a year or so ago and, at that time, there was an application that was denied for a self-storage facility at the bowling alley (Lewiston Event Center). It was determined that it was not within the code to do that. The applicant took an appeal to the Zoning Board of Appeals, and that board also affirmed that it was not within the code.

“There was a question as to whether or not we should then enact a local law making it clear, so that there will be no questions. The board had to decide and weigh the differences between wanting to promote business within the community; and yet, the fact that we only have one-square mile, and keeping the ambiance of the community intact, as well. And so, the board decided to do a local law to prohibit that.”

LEC co-owner Emery Simon said, “I think that, before you limit a piece of property any more than it already is, we should consider that … there's enough restrictions (in the law) now.

“If somebody came with a better plan, a different plan, somebody might want to turn around and use something at the upstairs, and below they can put storage in there. Now you're limiting what that property can be used for. Doesn't necessarily mean that somebody wants to put 100% storage in there. Somebody could put some storage in there.”

“By making it more stricter, you're really choking the usage of the land,” he added.

Mayor Anne Welch said, “Anytime anyone comes to us and says, ‘I'd like to do this, or I'd like to do that,’ the zoning, if it doesn't fit our code, there's always room for a variance – and case-by-case variances are issued.

“Say you have a business where you needed some extra storage or something, it’s not a standard storage facility; it would be part of the business.”

She added, “We have other restrictions in our code that (there are things) we do not want in our village, because it's one-square mile and it doesn't fit properly or whatever. That's why we have a code and different districts. So, it's basically do we want a great, big storage building?”

Clerk Shannon Fundis said, “We did remove a sentence from the proposed law at the end that said it wasn't eligible to apply for special use permit. That was removed from the law that is proposed for approval today.”

The approved text of Local Law No. 1-2024 “Prohibiting Self Storage Facilities” reads:

1. The purpose of this Local Law is to amend Appendix B – Zoning of the Village of Lewiston Code of Ordinances with regard to self storage facilities. In doing so, the Mayor and Village Board of Trustees recognize the difficult in balancing the importance of promoting new businesses within the community, and yet recognize the geographical limitations of the Village of Lewiston, being one (1) square mile, and the lack of an industrial zone which could potentially be suitable for self storage facilities. This Local Law is not intended to ban any prior nonconforming use.

2. Appendix B – Zoning of the Village of Lewiston Code of Ordinances and in particular, Section 7 – Definitions thereof is hereby amended to enact the following:

SELF STORAGE FACILITY: Any real property or a portion thereof that is designed and used for the purpose of renting, leasing, or occupying storage space by occupants who are to have access thereto for the purpose of storing and removing personal property. A self storage facility does not include a garage or other storage area in a private residence or other specifically permitted or accessory use.

A self-storage facility is specifically deemed to be not similar in nature and scale to permitted uses in B Districts and R-B Districts. A self-storage facility is specifically deemed to be not similar in nature to permitted uses and not consistent with the adopted Village of Lewiston Local Waterfront Revitalization Program in W-D Districts, and not similar in nature to permitted uses and not consistent with the promotion of pedestrian traffic and enhancement of the aesthetic quality in R-B-2 Districts.

Leone reiterated, “A self-storage facility does not include a garage or other storage area in a private residence, or other specifically permitted or accessory use. So, if somebody wants to come and do something upstairs (at the LEC), and have an accessory use as the storage downstairs, that’s potentially permitted under the code.”

Academy Park pavilion renderings courtesy of Fittante Architecture.

••••••••

Pavilion Gets Green Light

Trustees also approved an updated rendering of the proposed pavilion at Academy Park. Architect and Historic Preservation Commission board member Jim Fittante presented a revised drawing of what is now planned to be an 80-foot-by-40-foot structure.

Trustee Nick Conde, who was absent, asked for a more stylized pavilion at February’s board meeting.

“We took recommendations of all the comments from Trustee Conde; I met with (engineer) Mike Marino, reviewed all the questions that Trustee Conde had on structural soil and … we’ve addressed pretty much everything,” Fittante said. “All the comments are taken up in the new drawings.”

“Very nice, Jim,” Welch said. “It looks great.”

The new pavilion design includes a cupola, scissor trusses with soffit along the pavilion ceiling, and taller pillars (10 feet instead of 8 feet).

Marino said the goal is to send the project specs out for bid and, hopefully, award a contract at the April 1 work session.

Welch speculated the cost of the original pavilion could be upward of $360,000.

While the new plan calls for a smaller frame, Trustee Tina Coppins said the structure might cost just as much once bids are received. She cited the price of labor and materials.

The pavilion will be located next to the Alphonso I. DiMino Memorial Band Shell in the park’s southwest corner.

More than $300,000 in funding has been earmarked for the pavilion, with the Town of Lewiston committing $190,000 in Greenway money, and two private donations totaling $120,000.

Academy Park pavilion renderings courtesy of Fittante Architecture.