HomeMy Public PortalAbout3.7.1983 Joint Publi HearingaaaLt.l{ /, 1JlJJ
PUBLIC HEARING
Members present: Town Commissioners Stevens, Martin, Smith, Lloyd and Brown.
Planning Board Members Sheffield -Chairman, Cannity, Goodwin, Martin, and Brody.
Others present: Crawford Jorden, David Newton, L.M. Cathcart, John E. Wright, Millicent
Rainey, Clarence McAdams, Robert Wilson, Mr. A. Taylor, Gertrude Ashley, R. Riley,
Evelyn Hicks, Constance Wilson, John Dorward, and Wayne Oakley.
At 7:00 P.M., Sheffield called the Public Hearing to order. He announced the purpose
of the Public Hearing was to consider petitions for rezoning received from Everett
Kennedy and Guy Baldwin. Mr. Kennedy is seeking a rezoning from General Commercial
to Prime Industrial. Mr. Baldwin is requesting a rezoning from R-20 to General
Commercial. Sheffield asked Kennedy to give to those present a description of his
property.
Kennedy stated the property is located on Highway 70 Bypass. The building is a block
structure located on approximately .9 of an acre. There are 210 feet of highway frontage.
The property was previously used as a car sales and garage business. Kennedy has reno-
vated the building and hopes to use it for the assembly of heaters. He stated that
Terrell Tire is to the east of the property. He stated his first contract is just to put
heaters together; however, "down the road" the business may do some type of stamping.
He stated he was unaware of any painting to be done in this process.
Sheffield asked when the renovation started. Kennedy replied in October or November.
Sheffield asked if Prime Industrial was his first choice when he purchased the property.
Kennedy said he did not know what to do with the property when it was first purchased.
Sheffield then read the permitted uses in Prime Industrial zones.
Sheffield read letters from persons unable to be at the hearing and a letter from the
Orange County Planning Departmetn. All letters opposed the rezoning.
Sheffield then opend the hearing for public input.
Mr. L.M. Cathcart, a resident of the area, stated she objected to the rezoning because
the industry would cause pollution to the area, there are many retired persons in the area
with poor health, there are many childern in the area, and the grinding from the business acid
chemicals in the air would be a health hazard. Lights from the business created a problem
in the neighborhood; a business of this nature would produce additional traffic and noise.
She added that sewer service was not available to the entire area yet, and a small water
line served some residents. The area is already congested from the present businesses.
The drainage is poor in the area, and this business would not help.
Another resident of the area, Millicent Rainey, stated she supported the letter from
the Orange County Planning Departmeno. She said that the community has just started
cleaning up and did not need this industry.
Cathcart said that there are no fire hydrants from the Cole Motors Building (Kennedy's
property) to the A & P.
Robert Wilson asked if the rezoning was granted, could the property become residential
later?
Sheffield stated that one could always make a higher use of property, that homes can
be built in industrial areas.
1 ilson asked Kennedy is he had consider expansion of his business?
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Kennedy replied that if he outgrew his building, he would probably move.
John Wright asked if the rezoning is granted, could a grain mill later be opend on the
same site?
The reply was yes for this property only; however each rezoning request is considered
separately.
Kennedy asked to speak regarding the newly installed lights. He stated the lights were
put there because his parking area was being used a night for parking and littering from
the business of the Disco next door.
Constance Wilson asked Kennedy where he connected to sewage, and the reply from Kennedy
was at the manhole behind the building.
C. Wilson stated that was on her property and an easement was not give by her for use of
her property.
An unidentified person asked why was this area picked for the industry? Kennedy said
he had no intention to use the property for industry when he purchased it.
Clarence McAdams stated that he was a retired person as are many in the area. Polluted
air would not be good for teh area. The area presently looks like a junk yard. He
added that through the Community Developmetn grant, the community is trying to clean up.
Sheffield asked Kennedy of the estimated noise level and air emissions?
Kennedy stated the noise would be unnoticeable, that there should be no more noise
than what comes from Terrell Tire. There would be no air emissions at all.
Kennedy asked the residents to compare the present building to what was there six
months ago when the building was unoccupied. He also mentioned the unsightly mountain
of old tires that are stored behind Terrell Tires.
Cathcart stated her concern that if the property is rezoned other businesses other than
the assembly of heaters could be put there.
Kennedy pointed out that two of the letters in opposition to the rezoning were from
owners of the same property.
The Public Hearing on the Kennedy request was adjourned.
Sheffield moved to the second requested Public Hearing and asked Baldwin to review the
property. Baldwin stated the property is located on the southwest corner of St. Mary's
Road and Highway 70 Bypass. The tract contains over one acre. The request is to rezone
the property from R-20 to General Commercial. He stated the property is not suitable
for residential.
Sheffield read the permitted uses for General Commercial Districts.
Remus Smith asked the amount of space between Baldwin's property and the existing house
on the west. No one seems to know the answer.
Sheffield read two letters in opposition to the rezoning from Keith's and Walters.
Cannity asked if the Health Departmetn has checked for septic tank usage. Baldwin said
no, that the Water -Sewer Superintendent Rosemond has informed him that he could connect
to the Town's sewer with the permission of Kennedy who laid the line.
Page three, Public Hearing, March 7, 1983
Willie Laws, an adjoining property owner stated the property would not be suitable
for residential. He stated the property should have been zoned General Commercial
from the start. He added it is bad to be unable to use your property. Laws stated
the traffic was bad at this intersection, however, it would be bad if the area is
left residential. The DOT is attempting some improvements to the highway.
Sheffield pointed out that the Town's present Ordinance" does not speak to driveway access.
The DOT controls driveway access on Highway 70.
Cannity stated the area northeast of the property is controlled by Orange County and the
property under discussion and the northeast property is designated by the County to
be General Commercial. He added the County's Ordinance does have some controls over
driveways.
Sheffield reminded the Town Board that revisions to the Zoning Ordinance are now under
consideration by the Planning Board. It would be better to look at the entire area of
Highway 70 rather than to take one tract at a time, however, the Planning Board has
been tied up with other responsibilities.
Cannity stated the Town can set standards more strict than DOT's standards if they so
choose.
Sheffield informed the public that a recommendation regarding teh rezoning requests
would be made to the Town Board on Thursday March 10th.
The meeting then was adjourned.