Southern Ulster Times Apr. 25 2018 | Page 3

Southern Ulster Times, Wednesday, April 25, 2018 3 Lloyd project criticized as ‘slight of hand’ Continued from page 1 questioned this point. “Understanding what this building is about, I assume there is a certain slight of hand calling this converting this building because when the new building is done and it meets code, there won’t be a shred of anything left of the old building,” he said. Jackman insisted to the board that, “The structural members that are there will still be there. There will be new siding, we will be keeping the structure in its entirety. We will not be lifting up the roof [and] the two floors will fit in the existing building.” A week later, on September 22, 2016, Jackman’s surveyor Patti Brooks told the Planning Board that she had, “talked with the architect to make sure that with the adaptive reuse he was going to be able to use the same roof structure that is there right now and he assured me that he was going to.” Peter Brooks again pressed Jackman on what part of the original structure he was going to use. He responded, “As you look at the building as it exits now, the only thing that won’t be there is the siding. The entire structure is being salvaged... All of the structural members that are there are going to stay there; 100% of the building is being used. The siding is going to be gone and everything else that is there is going to be there...When the town passed this law [adaptive reuse] this was exactly the type of building that they passed this law for.” Dave Barton backed this assertion, saying that he participated in writing the Adaptive Reuse law to address possible redevelopment of distressed buildings in town. “The intent then was that the properties were more important than the buildings. If the building had to come down, it was the property that we were most interested in...I think what is being proposed now is in line with the intent of the law,” he said. At the October 20, 2016 Planning Board meeting, Peter Brooks was still concerned about the number of apartment units that were being requested. “As currently zoned it would be eligible for only 7 units and I think there is a question in some of our minds on whether this will become an adaptive re-use or a tear down and rebuild. If it is the latter, I do not think it qualifies for the expansive number of units. There may be some middle ground between what is The High Bridge Place residential apartment project in Highland is now under construction, having removed nearly all traces of the original structure. allowed by zoning and what could be done that is more than 7 but less than 20 units,” he said. Jackman insisted that, “The entire structure is being reused except for the siding,” with Brooks responding, “No offense, but I do not believe that.” Patti Brooks said project architect, Scott Dutton, would come to the next meeting to address this issue. At that following meeting of October 27, 2016, Peter Brooks asked [architect] Dutton, “to clearly lay out which part of the structure is staying and what part is being removed. One of the issues is when it is a tear down and when is it a re-use.” Dutton stated, “I can tell you here that the entire super structure of the building is proposed to be maintained, that means all of the columns and the roof structure.” At the Public Hearing of July 27, 2017 for this project, Planning Board Chairman Dave Plavchak stressed that the role of his board, “is to make sure the applicant meets the zoning codes that are established by the Town Board. What appears in the code is what the Planning Board adheres to.” This was again highlighted by the Planning Board at the final Public Hearing of August 24, 2017. The Board stated that they are an, “administrative board whose duty is to enforce the laws, not make them.” Town Land Use Attorney Rob Stout, of Whiteman, Osterman and Hanna, echoed this comment, noting that, “the Planning Board’s role is to enforce the already established zoning laws.” The Tremont Hall project was approved by the Planning Board on August 24, 2017 by a vote of 6 to 1. Chairman Plavchak was the single no vote, taking issue with the ingress/egress for the project. In the approval, the Planning Board states that the Adaptive Re-use determination was made by Building Department Director Dave Barton at the Planning Board’s meeting in September 2016. The public record shows that less than a month after receiving board approval, the property was sold to developer Keith Liebolt for $320,000, with the name of the project listed as High Bridge Place. At a recent emergency Town Board meeting that was called by Councilman Joe Mazzetti, a handful of residents reiterated the concerns they brought to the Planning Board throughout the approval process. They sharply criticized the developer and the hired professionals for repeatedly promising that they would keep most of the building during the process and for the Planning Board for allowing this to go forward when what was promised is not what is being built on the site. Last week the members of the Planning Board acknowledged the problems with the town’s Adaptive Reuse law, saying because it is so vague they were unable to stop the project or compel the developer to reuse the majority of the building. The Planning Board has compiled a draft Adaptive Reuse law that will add more clarity to what it now lacks; moving from a definition of one sentence to, “The process of rehabilitating or converting an existing building to a new use which either preserves and saves significant features of the existing building that have historic value to the town or, if significant portions of the building are not preserved, creates a new use which is more in keeping with the character of the neighborhood. In either case, the new use must conform to paragraph B of section 100.31, Permitted Uses.” This particular paragraph limits the number of dwelling units to six residential units per acre in an Adaptive Reuse building when before there was no density stipulation. The board is also considering removing the provision that “no buffer required” and will add that “buffering and aesthetics will be considered as part of the site plan review based on the characteristics of the site, the neighborhood and the proposed new use.”