REGULAR TOWN BOARD MEETING

January 23, 2008                                                                   

Zone Text Amendment Application – Local Law Introductory “A” of 2008

The Town Clerk recited the procedures taken since receipt in August 2007 of the application by Young-Duck Ahn for a Zoning Law text amendment that, if approved, would allow convenience stores with gasoline service in Planned Highway Business (PHB) Districts.  While Mr. Ahn is particularly interested in the PHB district along Seneca Turnpike, several other PHB districts exist in the Town and would be affected by this proposed change.  Town policy requires notification to affected property owners.  To allow the Assessor’s Office sufficient time to prepare a property owner mailing list since January and February are busy months in that office, the Town Clerk suggested that the Public Hearing upon this matter be scheduled in March 2008.  The Town Board suggested that the Assessor and Planner work together on identifying the numerous parcels.  While the Oneida County Planning Department had submitted a recommendation of approval, the Town Planning Board did not endorse Mr. Ahn’s request; at the same time, the applicant is entitled to a Public Hearing.

Thereafter, Councilman Reynolds introduced the following legislation for consideration by the Town Board at a future public hearing; co-sponsored by Councilman Woodland:

TOWN OF NEW HARTFORD, NEW YORK

Local Law Introductory “A” of 2008

 A Local Law to amend the Code of the Town of New Hartford, Chapter 118 thereof entitled ZONING, by amending Section 118-93, Schedule of Use, Area and Bulk Regulations for a PHB – Planned Highway Business District and specifically, the list of Site Plan Review Uses and Special Permit Uses.

BE IT ENACTED by the Town Board of the Town of New Hartford, as follows:

 SECTION 1.  Chapter 118 of the Code of the Town of New Hartford is hereby amended as follows:

             Section 118-93            Schedule of Use, Area and Bulk Regulations

            PHB – Planned Highway Business District

             Add:

Site Plan Review Use                                        Convenience Store Without  Gasoline Service

            Minimum Lot Size (Area):                                             20,000 square feet

            Minimum Lot Size (Minimum Width):                            100 feet

            Maximum Lot Coverage:                                              40%/50%

            Minimum Percent of Lot to be Permeable:                     60%/50%

            Maximum Building Height:                                             35 feet

            Minimum Yard Dimensions – (Front)                            50 feet

                                                      - (Each Side) *2                  15 feet

                                                      - (Rear) *2                          30 feet

 

Site Plan Review Use                                                    Convenience Store With Gasoline Service

Special Permit Use                                                       Convenience Store With Gasoline Service

            Minimum Lot Size (Area):                                             40,000 square feet

            Minimum Lot Size (Minimum Width):                            150 feet

            Maximum Lot Coverage:                                              65%/70%

            Minimum Percent of Lot to be Permeable:                     35%/30%

            Maximum Building Height:                                             35 feet

            Minimum Yard Dimensions – (Front)                           50 feet

                                                      - (Each Side) *2                  20 feet

                                                      - (Rear) *2                          30 feet

SECTION 2.   All other provisions of the Code of the Town of New Hartford, and amendments thereto, are hereby affirmed except to the extent that this Local Law shall modify or amend.

SECTION 3.  This Local Law shall become effective immediately upon its filing in the Office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.