VILLAGE OF PHOENIX
BOARD OF TRUSTEES; NOTICE OF PUBLIC HEARING
ZONING MAP AMENDMENT; TAX PARCEL NUMBER
Record Owner: Mildred Young
PLEASE TAKE NOTICE that a Public Hearing will be held by the Board of Trustees of the Village of Phoenix on the 19th day of June 2018, at 6:45P.M. at the Municipal Building (Sweet Memorial Building) found at 455 Main St. Phoenix, New York 13135 to consider the following:
The enactment of proposed Local Law No. 5 for the year 2018 for the Village of Phoenix relating to the amendment of Chapter of the Village of Phoenix Municipal Code entitled “Zoning” Sections 205-4 and 205-5 to provide for amendment of the existing Zoning Map so as to change the zoning classification of a certain parcel identified as Tax Parcel #303.12-01-09, from Residential (R-1/2) to Business (B) having an owner of record pursuant to Town and Village assessment/billing records namely: Mildred Young as indicated by deed book 507 page 64 at the office of the Oswego County Clerk. A true copy of such deed, containing legal description, or legal description with such deed reference included follows. Such owner of record or their legal representatives are the named or acting sellers to certain contract purchasers of the premises under written and signed executory contract, such purchasers (the “Developers” hereinafter) requesting the map amendment and related relief sought herein representing they have written authority and consent to seek the map amendment described herein and such other approvals and permits as required to allow construction and operation of the proposed project described in the paragraph following next below.
The premises subject of the request for zone change/map amendment are described as follows:
Beginning in the centerline of New York State Route 264 (Volney St.) at a point representing the northeasterly point of intersect at such centerline with the common property line of the premises and those of Johst (R-2017-011272) and which beginning point is also located 15 ft. +/- northeasterly (along the same course as such common property line) of an iron pipe located on such common property line and which iron pipe is also located app. 6 ft. northeasterly of the westernmost highway boundary line of said Route 264/ Volney St. (and along the same course as such common property line); thence along said centerline for a course and distance not clearly indicated on the Survey Map,( hereinafter described) but showing in part a course of S 02’ 12’ 09” E and distance of 276.34’ along such centerline, and however in any event running completely along said centerline to a point located at the intersect of such centerline with the common property line of Paddock (R-205-001861), and which point is marked with an iron pipe located 35+/- ft. S 86’ 16”03’ from the intersect of the highway center line of said NYS Route 264/Volney St. and the common property line of Paddock aforementioned; thence from said point of intersect continuing S 86” 16’ 3” along said common property line an additional 805.85 ft.=/- s measured (also noted as 805.1ft. to centerline, and 793.97 “per map” on the Survey Map, to a point marked with two iron pipes located at the intersect of such property line with the westernmost (and common property line) of the premises with CSX Transportation Inc., thence from said point and two iron pipes aforementioned located on and immediately adjacent to the southwesterly corner of the premises at such point of intersect; thence along the westerly common property line aforementioned N 40’ 41” 19” a distance of 291 ft. measured (291.52’ per map) to a point, being the point of intersect with the southerly property line of Johst (same being the same common property line first above described) and which point is marked by an iron pipe: thence N 62 03” 36” 1015.69 ft. measured (1005.30 ft. per map, and 1016 ft. ”to centerline”) the point and place of beginning.
The same is as described/ referenced in a certain Deed from Lawrence B. Talcott to Roy J. and Mildred E. Young dated September 11, 1950 and recorded at Book 507, page 64 of Deeds at the office of the Oswego County Clerk; map references are to survey maps of Craig C. Bliss, LLS dated and last revised respectively as of June 29, 1970 and March 6,1978; and survey map of Bliss dated November 12, 1974.
The premises are as shown on a survey map of David Bardoun, LLS #50612 made from an actual survey entitled “Part of Phoenix Tract” dated 4/12/18 under file no.18.14 and is hereinbefore referred to as the “Survey Map”.
In connection with the foregoing be advised that referral to the interim Planning Board Chair has been made for an advisory opinion as may or may not at present be required under Sections 205 J(4)of the Village Code. The advisory opinion shall be rendered in writing and delivered back to the Village Board for consideration within 20 days of referral. Same is advisory in nature only and the interim Chairs advise has been
sought due to his long experience with the Planning Board which does not exist at present due to the expiration of all members terms.
Likewise the Town of Schroeppel Supervisor or Town Clerk shall be served with a copy of such Application and related documents.
In addition, referral to the Oswego County Planning Board is required under General Municipal Law Sections 239- m and possibly -n if as to the latter, based upon the project developers plan to include the within map amendment, minor subdivision, and site plan approval for a 4-5 unit retail or business/commercial structure with appurtenant improvements however the same to be limited as to certain uses otherwise permitted in the zoning district for which the map amendment is sought (B- Business) (same has been requested and the Village understands are to be proposed by the Developer and then discussed/negotiated with the Village Board; given the expansive and varied listing of potential commercial and similar uses permitted in such district it has been urged that same be voiced and discussed in connection with the public hearing subject hereof;
The action, inclusive of the subdivision and site plan approvals required appear as an Unlisted rather than Type One Action under the State Environmental Quality Review Act; nevertheless the Developer has been required to complete and file together with all other application documents and requirements a long form EAF document and to advise or propose as to its intentions or request of the Lead Agency in this regard; The Village Board has or will assume Lead Agency for purposes of SEQRA review, at the latest prior to or immediately following the public hearing subject hereof Please note a decision in favor of or against, the applicants request, and including any applicable conditions may or may not be made following close of the public hearing, including any adjourned date, based upon based upon the status of completion relative to the referrals mentioned and legal/engineering review of any submitted or required to be submitted application requirements not then or earlier waived by the Planning Board or Village Board.
The Village Board of Trustees Resolution of June 5, 2018 authorized the above referrals and scheduling of public hearing included additional or supplemental explanation of the requirements and conditions precedent to the public hearing being held or application of Developer hereunder proceeding.
Copies of the proposed Local Law are or shall be kept on file at the Office of the Village Clerk and may be inspected during regular business hours. Parties may appear at the hearing in person or by agent. Any parties desiring to attend and may be limited by disability in their ability to access or egress from the Sweet Memorial Building should contact the Village Clerks office at (315) 695-2484 prior to the date of hearing and reasonable attempt/accommodation shall be made to permit attendance.
BY ORDER OF THE VILLAGE BOARD
Dated: June 13, 2018