Friday, February 6, 2009

Let's Read About SDEIS and SFEIS

Let's start with the Supplemental Final Environmental Impact Statement (SFEIS). I've linked to it in a previous blog, but thought I would link to it again for reference:
SFEIS
Volume I
Volume II
Volume III
Volume IV

Within this document, it directs readers to the Supplemental Draft Environmental Impact Statement (SDEIS) numerous times. Specifically, on page 34 of the SFEIS concerning the Zoning and Land Use section of the SFEIS, it refers to the SDEIS for more information. So, that's what we're doing today, folks.

Here are the links to the SDEIS:

Volume I
Volume IA
Volume IB
Volume II
Volume III
Volume IV
Volume IVA

SDEIS - The following pages deal with the "Amendments To Chapter 235 Of The Code Of The Town Of Irondequoit And The Official Town Zoning Map" Link to Town Code





A resident has brought up some very good points and concerns.

Concerns:
1) The law itself says that TRR zoned property is exempt from any other zoning
law that governs all other real property in the town. This includes laws that
require a signed letter of credit that proves financing is in place before
construction begins.

2) The law says the development must conform to the Master redevelopment
plan,which is appendix A, and that any redevelopment must be approved as
"consistent"with the Master Plan by the Building Inspector. There is no
review by the Planning Board.

3) The Master Redevelopment plan includes the familiar site plan we have been
presented, but the Master Plan also states that any changes to the site plan are
permitted to the developer "as of right" -- which I believe means without
restriction -- as long as the uses are consistent with the list of approved
uses.

Anonymous commentary from moi:


Basically, this Tourism and Resort Redevelopment (TRR) District has NO oversight by Planning or Zoning Boards and the Town Board is adopting a "special" Master Redevelopment Plan FOR the TRR District which contains the only zoning requirements applicable to the TRR District. No other Zoning requirements or provisions of the Town of Irondequoit Zoning Law shall apply. Which means, the zoning laws that apply to all the other businesses in town DO NOT apply to any developer within the TRR District. Everyone else has to follow the Town Zoning Law, but developers within the TRR don't. If the present Town Zoning Law has a zoning or provision that conflicts with the "Master Redevelopment Plan" (MRP), the MRP controls and overrides the Town Zoning Law.

Question of the day....
Who is "the decider" on whether a project is approved or disapproved within the TRR?

The taxpayers?

Nope.

The elected officials of the Town Board?

Nope.

The Building Inspector?

Yes. The Building Inspector. This is the person who decides whether redevelopment will happen or not, and, as brought up in #3 of the 'concerns' - the developer can change the site plans that we have seen at any time "as of right", without oversight from the Town Boards, as long as the Building Inspector accepts it as conforming to the MRP.

. . . __ __ __ . . .!!!!!

The last concern is regarding the Gross Leasable Area (GLA):



4) The Master Redevelopment Plan sets a minimum of 35% of the
gross leasable area as retail, hotel, or other commercial use.
(Gross leasable area is defined as areas within four walls that are
available to the public for forms of "revenue generation")
I believe this indicates that the developer could have 65% of the
GLA devoted to apartments.

Anonymous commentary from moi:

Basically, all the developer has to do is have the minimum 35% for retail, hotel, and/or restaurants - and 65% could be apartments, condos etc. Residential units that will enjoy property tax breaks (PILOT) while you pay your full property taxes.

Does this make sense?!

Speaking of PILOT.........


Great. Just great. The taxpayers know nothing about it, the Town Board is learning things right along with us as we learn them, the Supervisor is the only one who may be able to answer any questions, yet she has no say in how much/little of a tax break through PILOT the developer will get, and pretty much Maggie Brooks decides how much of a tax break the project will receive.

Maggie Brooks of the "tax intercept" and "can't balance a county budget" fame.

Oh yay! This gets better every day.