2 large-scale projects rejected in New Hartford

By ROBERT BRAUCHLE

Posted Nov 03, 2010 @ 02:18 PM

Last update Nov 03, 2010 @ 03:23 PM

NEW HARTFORD —

The town Zoning Board of Appeals has denied variances for two large-scale projects, essentially stopping those proposed developments in their tracks.

Board members, who voted 4-3 against each variance, said that in both cases the developers were unwilling to provide enough information about the projects to grant variances that would have allowed the projects to move forward.

The following projects were proposed:

* A 15,400-square-foot Aldi discount grocery store that was to be built on 1.5 acres owned by building material retailer Jay-K Independent Lumber. The Germany-based company would have needed a use variance to operate the store at 8448 Seneca Turnpike between Jay-K and Zebb’s Deluxe Grill & Bar because existing manufacturing zoning does not allow mercantile uses.

* A 126-unit senior housing complex behind a building at 4752-4756 Middle Settlement Road that would have needed a use variance because current zoning of office business does not allow multi-family or congregate housing.

“In both cases, they felt like the traffic would have had an adverse impact,” Zoning Board of Appeals member Fred Kiehm said.

Another business only would add to the traffic that already clogs Seneca Turnpike, he said. The grocery store also would have used a perennially busy intersection at the south end of Commercial Drive, Kiehm said.

“There were issues with safety at that point,” he said.

Neighbors along Middle Settlement Road also complained about increased traffic associated with the senior housing complex proposal, Kiehm said.

But Dean Kelly, president of Jay-K, said he does not agree with the town’s current zoning of his land.

“We’ve been in business since 1939, so how that land is zoned for manufacturing is baffling to me,” he said.

He said he planned to go to the Town Board to request the zoning for the land be changed for retail uses.

“It throws a kink in our timetable, but if it’s the only way we can move forward with it, then we’ll see where it goes,” he said.

James and Harold Julian, the owners of the Middle Settlement land where the senior housing was proposed, are represented by Pavia Real Estate.

Options about what will happen with the land still were being discussed, Pavia President Dominic Pavia said.

“We’re still waiting to hear from the proposed buyer about the next step,” he said.

Pavia said he felt the senior housing complex actually would create less traffic than an office complex, which is what current zoning allows.

“Maybe next time we could sit down with the neighbors and explain to them what we’re proposing in a manner that eases their concerns, while still finding a way to develop that land,” he said.