At the Planning Commission today a vote was finally taken on the requested zoning change from Low Density Residential to Hotel/Boarding House (conditional) for the Silver Birches property. I say finally because this issue has been on the PC meeting agenda for 5 or 6 months, but for a number of reasons a vote was not taken until today. In front of a full house, the PC voted 6-2 to deny the zoning change. Or, more accurately, to recommend to the Zoning Board of Appeals, aka the City Council, that they deny the zoning change. The final authority on the matter lies with the Zoning Board of Appeals. The applicant, Liz Ware, needs the zoning change in order to operate a hotel/resort/lodge on the premises, something she says she needs to do in order to finance the restoration of the existing buildings. Passions run hot on the issue, with those who support the development plans praising Ms. Wares commitment to restoring the old structures, and those opposed citing the need for consistency in enforcing zoning law and the Master Plan. Its clear that no one opposes Ms. Wares plans to restore the existing structures, but the concern is with opening the door to commercial development at Silver Birches and possibly other residential properties as well. Some commissioners cited the recent requests for zoning changes from the Cannon Ball and MPRs Beaver Dock that were denied, and said that allowing this change would be unfair and set a precedent. Commissioners were also concerned with the vague language in some of Ms. Wares proposed conditions. Permitted uses . . . shall be limited to those compatible with the operation of a historic resort/lodge, an accessory building/boardinghouse for employees, and 5 accessory dwellings (cottages) for overnight guests, including food service, a gift shop and similar uses. What are similar uses? Will the food service be a restaurant with a liquor license, open to the public as well as guests? Will outdoor weddings be allowed, with bands playing until 2 a.m.? City Attorney Tom Evashevski was asked if the new conditions suggested by Ms. Ware would be legally binding, and he stated that at this time they would not. I didnt fully understand his response, but its my impression that another contract would have to be drawn up to make the conditions binding. Its also my impression that Mr. Evashevski is leery of allowing spot zoning, but that might be just my interpretation of his answer. In a prepared statement, Commissioner Anneke Myers articulately summed up the concerns of those who oppose a zoning change for Silver Birches. She noted, among other things, the need for specifics in the language of the request, pointing out that future owners -- and future Planning Commissioners -- may not understand what was intended in a good faith agreement. As Commissioner Bielinski noted earlier, Im not afraid of you, Liz, Im afraid of who comes after you. (words not exact) Commissioner Jim Petit spoke in favor of granting the requested change, citing the time, effort and money the city has put into historic preservation. He said Ms. Ware is willing to do a great job on restoration, and is asking for a small trade-off from the city to do so. Im leaving out many good points and comments made by all commissioners, who were thorough and diligent in their efforts to find a way to preserve the existing structures while also preserving the existing zoning. They spend a lot of time doing this often tedious work, and deserve our thanks. Chair Michael Straus called for a motion. Jim Petit moved that the PC make no recommendation to the ZBA, but that motion got no support. Mary Dufina then moved that the PC recommend to the ZBA that they deny the request for a zoning change. The role was called. Bielinski, Myers, Dunnigan, Straus, Dufina and Martin voted in favor of the motion. (To deny.) Petit voted against it, and Finkel voted no, although there was some confusion over what he intended by his no vote. (In our minds, not his.) Nevertheless, the final vote was 6-2. Commissioner McGreevy was absent. I assume that the ZBA will take this up at their next meeting. Stay tuned. This is my version of what went on today, and it may not be 100% accurate. I tried to capture the spirit of the debate, but I took no notes, couldnt hear all of it, and have the memory of a cantaloupe.
Posted on: Wed, 13 Aug 2014 03:08:39 +0000
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