Huntington – Supervisor Chad A. Lupinacci issued a
statement on the process and timeline of the Downtown Huntington application
scheduled for a public hearing at Thursday’s Zoning Board of Appeals (ZBA)
meeting:
“Lately, there has been passionate discussion on the
subject of the application for the proposed Downtown Huntington project, known
to many as the Classic Galleries building or the site of the historic
Huntington firehouse. The pre-application for the Downtown Huntington project
was originally submitted and denied by the Town's Planning Department in 2015.
“I remember hearing the public opposition to this project
in 2017, when the first application was submitted to the Zoning Board of
Appeals, so I can understand why there is confusion and concern about why there
is a public hearing scheduled on this project, which no one has heard about for
the past two years, at the Zoning Board of Appeals (ZBA) meeting this week.
“First, I would like to point out that much of the
development that has prompted public discussion during my first year in office
was already in the pipeline or approved during the prior administration.
“While I cannot comment on a specific application before
the ZBA, it is a priority of my administration to preserve the historic
character and charm of our Town while allowing business to flourish. In 2018,
my first year in office, I asked the Town’s Planning Department to review
possible changes to C6 zoning and provide recommendations to aid in the
preservation of our Town’s quaint aesthetic. The Planning Department is still
working on those recommendations.
“I am fully aware of and understand residents’ concerns
and it should be noted: the application for the Downtown Huntington project is
not being heard by the Town Board. It is solely the jurisdiction of the ZBA to
grant or deny variances sought by this applicant.
“ZBA members, and Planning Board members for that matter,
are not elected to office. State Law (Section 267 of Town Law) in conjunction
with Town Law governs ZBA and Planning Board appointments, term length and the
number of terms members can serve. ZBA members are limited to two 7-year terms,
establishing stability and a degree of independence from the politics of the
Town Board.
“To provide further context, while ZBA and Planning Board
members are appointed by a majority Town Board vote, requiring at least three
votes from the five-member Town Board to fill a vacancy on either board, most
people are not aware that ZBA and Planning Board members cannot be removed due
to a shift in political control of Town leadership.
“The only ZBA term to expire and create a vacancy to fill
in my first year in office resulted in our successful appointment of one ZBA
member in February 2018. In 2018, we were also able to appoint two alternate
ZBA members, who will sit in at ZBA meetings when a full member is not
available, and two members to the Planning Board.
“For those curious as to the process of how an
application comes before the ZBA, standard ZBA procedure goes something like
this:
1. The
applicant submits a pre-application to the Town’s Planning Department with a
conceptual plan and survey of the property.
2. If
the plan does not meet requirements to be in line with the Town’s Comprehensive
Plan and/or Zoning Code, the Planning Department issues a Letter of Denial
(LOD). The LOD outlines variances or special use permits required from the ZBA
in order to pursue site plan approval.
3. The
applicant submits an application to the ZBA for required variances and special
use permits outlined in the LOD, along with an Environmental Assessment Form
(EAF) required to conduct a mandated review pursuant to the State Environmental
Quality Review Act (SEQRA).
4. The
Planning Board reviews the ZBA application and makes non-binding advisory
recommendations to the ZBA on the subject application. A public hearing is not
required at this stage.
5. The
ZBA holds a public hearing on the application and makes a decision either the
night of the public hearing or within 62 days. Generally decisions are not made
the night of the public hearing for larger projects. In addition, the ZBA is
the Lead Agency for SEQRA and cannot make a decision until the environmental
review is complete. New information received at the public hearing and not
included in the original EAF may prolong the SEQRA determination.
“While this is standard ZBA procedure, every project is
different. This is the timeline on the Downtown Huntington application:
1. A
pre-application was received by the Planning Department on August 11, 2015.
2. A
draft LOD was issued on November 19, 2015.
3. Based
on comments in the LOD made by the Planning Department explaining why the
application was denied, the applicant revised their preliminary plans four
times from August 2015 to April 10, 2017. Revisions were made to the number of
apartments, stories, height and architecture.
4. The
applicant submitted an application to the ZBA on April 17, 2017.
5. The
Planning Board reviewed the application at its May 31, 2017, meeting and issued
its advisory recommendations. Upon reviewing the recommendations the applicant
requested an opportunity to address the Planning Board and requested that they
reconsider their recommendations. The applicants were required to provide
additional information to the Planning Board before they would reconsider their
initial report and recommendations. The additional information requested
included a traffic circulation study and profile renderings clearly
illustrating the proposed structure and all adjacent buildings.
6. An
updated LOD was issued June 12, 2018, based on the latest revisions to the plan.
7. The
applicant submitted the new studies requested by the Planning Board on August
21, 2018.
8. The
Planning Board is scheduled to adopt its report and recommendation on the
revised plan to the ZBA at tonight’s (Wednesday, January 23) Planning Board
meeting. There will not be a public hearing.
9. The
ZBA will conduct its public hearing on the application tomorrow, Thursday,
January 24.
“The Planning Department’s role in outlining reasons for
application denial and making recommendations to bring proposals into
conformance with the Town’s Comprehensive Plan and Zoning Code should not be
mistaken as working “for” a particular applicant. It is the role of the
Planning Department and the Planning Board to ensure proposed projects are in
conformance with the Comprehensive Plan and Zoning Code. Applicants have a
right to know what is “wrong” with what they are proposing and why the Town is
saying “no,” plus it is good government practice to be as transparent as
possible.
“The Planning Board will be issuing a recommendation to
the Zoning Board of Appeals on the Downtown Huntington at tonight's 6:00 PM Planning
Board meeting in the Town Board Room at Huntington Town Hall. Residents should
be advised there is no public portion during Planning Board meetings.
“Residents wishing to have their concerns heard on the
record by the Town for this application should participate in the public
hearing at tomorrow evening's Zoning Board of Appeals meeting, Thursday,
January 24 at 6:00 PM in the Town Board Room at Huntington Town Hall.”
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