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« on: February 08, 2009, 07:55:59 PM »
Old Homer has a question here.
Are we playing at Yankee Stadium or Shea Stadium? What I mean is that when parties make application for relief from a zoning ordinance, they are generally looking for a bump such as 8 parking spaces instead of the required 10; or placing an antenna for wireless phone service on an apartment building . In cases like these, the Zoning Board of Adjustment is the correct venue. These types of applications appear to be in keeping with what an ordinance calls for; but with a little breathing room. Let's call that Shea Stadium (at least very temporarily).
Now on the other hand; with this Summit Avenue application, might the applicant be in the wrong stadium? Doesn't this application really represent a re-zoning of the properties involved? Didn't this Planning Board and this Mayor and Council pass a new zoning ordinance within the last two years? Who owns these properties? How long have they owned them? Are we looking at an assemblage to countervene the intent of the zoning ordinance?
Maybe this game should be played at Yankee Stadium instead of Shea, and the powers that be send the applicant to the Planning Board and request that they advise the Mayor and Council that maybe, just maybe, they were wrong and recommend that the subject lots be rezoned to a Prospect Avenue type zoning designation and let the mayor and council make the final legislative determination by amending the ordinance.
Why waste everybody's time and start the application at Shea and then send everybody back on the Major Deegan to Yankee Stadium?