Date: Fri 11-Jun-1999

Publication: Bee

Author: ANDYG

Quick Words:

P&Z-Barnabas-Road-Nicolosi

Full Text:

P&Z Weighs Barnabas Road Rezoning Request

BY ANDREW GOROSKO

The Planning and Zoning Commission (P&Z) is considering a local man's fourth

attempt to rezone land along Barnabas Road in Hawleyville for new uses.

In his latest proposal, Steve Nicolosi of Queen Street is seeking to rezone

4.1 acres he owns on the north and south side of Barnabas Road near its

intersection with Hawleyville Road.

Mr Nicolosi's application includes two requests. He is seeking to create a new

zoning designation known as HCDD-E (Hawleyville Center Design District-East).

He also wants to convert his 4.1 acres, which currently has R-1 (Residential)

zoning, to the proposed HCDD-E mixed use zoning.

The proposed new zoning designation is included in a Hawleyville economic

development study which has been endorsed by the P&Z. In April 1998, P&Z

members backed an economic development study of Hawleyville which foresees

industrial, commercial and residential growth in that lightly developed

section of town near Exit 9 of Interstate 84.

Land use planner Joseph Heyman, representing Mr Nicolosi, told P&Z members

June 3 Mr Nicolosi is seeking to have the P&Z implement the zoning regulations

which are specified in the economic development plan which it has endorsed. Mr

Nicolosi would have a harmonious architectural design for the three parcels he

owns, Mr Heyman said.

But P&Z Chairman Daniel Fogliano raised some questions about the proposal.

"I'm hesitant to do it for what amounts to spot development," Mr Fogliano

said. The rezoning proposal made by Mr Nicolosi represents only a portion of

the area that the economic development plan recommends for a Hawleyville

Center Design District zone, Mr Fogliano said. The P&Z should create that

entire zone, not only a portion of it, he said.

It's not fair to have Mr Nicolosi wait to have that whole area rezoned, Mr

Heyman said. A zone change can be approved for the area that he's requested

and later for the larger area, Mr Heyman said.

Mr Fogliano reminded Mr Heyman that Mr Nicolosi bought the land with its

existing zoning designation.

Public Comment

Resident Jennifer Wolbach of 5 Old Hawleyville Road told P&Z members her

property is within 500 feet of the area requested for rezoning.

If Mr Nicolosi receives the zone change it would mean her real estate value

would decrease by 12 percent and result in her moving out of the area, Ms

Wolbach said. The zone change requested by Mr Nicolosi is "not appropriate,"

she said in asking the P&Z to deny it.

Hawleyville resident Elizabeth Nichols said it would be all right for Mr

Nicolosi to add her property to the requested zone change area.

Hawleyville resident Doreen Cash supported Mr Nicolosi's zone change proposal.

Resident Penny Meek of 40 Butterfield Road said she would like to know what

plans Mr Nicolosi has for the 4.1 acres if he receives a zone change for it.

"To tailor-make this for this one man is a mistake," she said.

"I think we have to move slowly... We would like to see it carefully done,"

she said. "He (Nicolosi) can sit tight and wait a little bit longer," Ms Meek

said.

Ms Meek said she would prefer that any zone change exclude the outdoor storage

of equipment. She also called for buffer zones and vehicle parking at the rear

of buildings.

In response to the public comments, Mr Heyman said the zone change proposed by

Mr Nicolosi amounts to proper land use planning for an area that's been

heavily studied.

P&Z member Lilla Dean said "I think these zone changes are inevitable. But I

think they must be done in the best way possible."

P&Z members are expected to act on Mr Nicolosi's zone change request at an

upcoming session.

In the HCDD-E zone proposed my Mr Nicolosi permitted land uses would include:

retail, personal services establishments, banks, offices, restaurants,

museums, galleries, meeting halls, places of religious worship, government

buildings, fire stations, post offices, public libraries, commuter parking and

transportation terminals.

A special exception to the zoning regulations would allow other uses including

bulk storage, warehouses for building materials, and outdoor storage.

In July 1998, after the P&Z rejected his third zone change request for land

along Barnabas Road, Mr Nicolosi sued the P&Z in seeking to have a judge order

that the land be rezoned from Residential R-1 to Industrial M-4.

In January 1998, P&Z members decided not to consider a second request from Mr

Nicolosi and others to rezone land, because it was similar to his zone change

proposal rejected by the P&Z in June 1997.

In June 1997, when Mr Nicolosi had his initial zone-change request pending

before the P&Z, he indicated he wanted to build a pre-fabricated building for

various industrial uses, including space for businesses such as radon

reduction, plumbing, heating, ventilation and air conditioning. The P&Z denied

that request.