Zoning Change Moves Forward Despite Warning

by Thomas MacMillan | May 13, 2008 7:38 AM | | Comments (8)

051208_0014.jpgDespite a warning that the move would leave the city vulnerable to lawsuits, an aldermanic committee pushed forward with a contentious proposition to change the zoning of a section of Quinnipiac Avenue.

The area in question is a small strip of Quinnipiac Ave just north of the Ferry Street Bridge currently zoned for Heavy Industrial (IH) use. The proposal would change the area to a Marine Commercial (BC) zone. The Board of Aldermen’s Legislation Committee voted 5-1 Monday night to approve the proposal, sending it to the full board.

The businesses that currently occupy the land — including a towing company, a cargo operation, and a pumping station — would be grandfathered in, but there would be limitations on how they can market their sites should they want to sell the properties.

Gateway Terminal, the cargo operation, has hired lawyers and mounted strong opposition to the zoning change. The city’s corporation counsel provided the Legislation Committee with a letter advising that the proposed change would be difficult to defend in court.

Proponents of the the zoning change, which was initially proposed (to much controversy) in 2006, say that it would support the best long term interests of the surrounding residential neighborhood. Business owners worry about that it would restrict the development of their enterprises.

“This is a challenging issue,” East Rock Alderman Roland Lemar (pictured at top, right) said repeatedly as he laid out the case for putting the proposition forward for a vote by the full board. “Twenty years from now we do not want to see this as a light industrial area. We can protect this business and rezone around it.”

Hill Alderman Jorge Perez (pictured at top, left), the proposition’s lone “nay” vote, based his opposition in part on the letter warning that a zone change would be difficult to defend in court. He said that not only would the city be held responsible if the rezoning was struck down, but the individual alders would be penalized. “As much as I’d like to come on the side of the neighborhood,” said Perez, “I think we need to be very careful.”

Lemar agreed that there was a need for care, but that the proposition should nevertheless be advanced. “We have to be clear that we think the long-term interests of the the neighborhood are served by this change,” he said. “We have to feel comfortable with what we’re doing before we take on this battle.”

Asked after the meeting if he anticipated a lawsuit, Lemar replied “I hope not.” He explained that he sees the movement to a vote as an opportunity for further dialogue between the businesses involved and the surrounding community. “Hopefully the businesses will communicate with their neighbors,” he said. He said that Gateway has not been particularly active in engaging local residents in dialogue.

Representatives of Gateway Terminal were present at the meeting but declined to comment. A final vote on the zoning change is scheduled for June 2.







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Comments

Posted by: Great Step forward | May 13, 2008 8:28 AM

A great big thank you from this Quinnipiac Avenue resident! Gateway should not keep alienating its neighbors and the city as a whole - we could have worked together on this - we have been waiting and waiting for years while Gateway kept postponing and stalling the process. I want to thank ex-alder Jolly and alder Rhodeen for all their work, Alderwoman Sturgis-Pascale for her support and Alderman Lemar for championing this through the City Hall beurarcracy of City Plan Commission and Legislation Committee. Hopefully we can now sit down together and have a solution in mind- the ball is still in your court Gateway - just like it has always been - will you finally work with us to protect the long-term interests of this neighborhood, or will you continue to thumb your nose at our concerns?

Posted by: hope and fear | May 13, 2008 9:14 AM

I'm worried that Gateway will continue to be a bad neighbor and refuse to help protect our neighborhood. Thier attorney continues to be a condescending, "i'll take you to court" type rather than someone who will work with us. For 2 years we have tried to work with Gateway - NOTHING - I appreciate that the alders are working to protect our neighborhood-, but the Mayor's is not - his staff was running around yesterday afternoon trying to convince the alders to vote the zone change down! WHy? Is it because Gateway's directors are HUGE contributors to DeStefano? Ask Tom Dubno. Thank fully, Lemsr and Rhodeen had already secured the votes they needed so the Mayor was stuck backtracking - but I'm not optimistic that Gateway won't try something else and try to have the Mayor interced on their behalf as this moves forward. I'm hopeful, but afraid the Gateway will find yet a nother way to screw our neighborhood.

Posted by: omerta | May 13, 2008 9:14 AM

Industry is needed to increase the tax base. What do DeStefano's brainiacs do? They decrease the land available for it. A trendy marina looks nice, so lets go for it. Its not a high taxpayer, so another 2 or 3 mils in taxes. If people vote for these idiots they must expect to pay for it.

Posted by: DEZ | May 13, 2008 10:56 AM

Omerta...get a clue. Did you read "The businesses that currently occupy the land -- including a towing company, a cargo operation, and a pumping station -- would be grandfathered in". Where is the trendy marina? Please. Unless you know of what you write, don't. The area in question abuts a local historic district in a residential neighborhood which embraces the Quinnipiac River for use by all people. Without protection, the land suffers, the river suffers, we all suffer. This ruling is long overdue. The greater Quinnipiac River neighborhood is one of only a handful of champions of this riverine setting. Common folk doing heroic uncommon things by mounting campaigns based on the betterment of the community of many, not just the well-heeled contributors to the current administration. The very administration that will be but a footnote in time to what needs to be set forth now for future generations to enjoy a viable river. Keep IH in areas where IH does the least harm. The shores of a healing river are certainly not that place.

Posted by: Chris O | May 13, 2008 7:42 PM

This vote is the function of better zoning and good government.

This affirmative vote:

Grandfathers existing uses while preventing more egregious uses.

Reinforces the Historic district

Balances the Port Authority creation and expansion

Is a start on environmental injustice remedy.

Is a start on a need for further work on Zoning changes to make our city economically competitive and livable- blending but not mixing the old and new economies.

Posted by: DowntownNewHaven | May 13, 2008 9:23 PM

Omerta, countless other American (and world) cities have rezoned their waterfronts from IH to commercial/residential. And their waterfronts aren't even nearly as beautiful as the Quinnipiac River. Why not in New Haven?

Rezoning does not translate into a loss of business, jobs or tax revenue. In fact it is almost always, if not always, the other way around.

It is frankly not fair for heavy industrial businesses to hold hostage New Haven's long-term, community-consensus vision.

Posted by: Qriver res | May 13, 2008 11:30 PM

If there is any question about whether this is the right decision, just look at the house located right in the middle of the this block at 392 Quinnipiac Ave.

http://www.visionappraisal.com/photos/NewHavenCTPhotos//00/01/61/67.JPG

A once beautiful historic riverfront oyster house which has decayed beyond repair sits sandwiched between a towing company/junkyard and a pumping station. Should I repeat this... a beautiful historic waterfront property's house has rotted beyond repair.... along with it's taxable base. Go a thousand miles in either direction along the coast and will you see this anywhere else?? Non-water dependent use can operate anywhere. This is a no-brainer. We can't make any more waterfront and this city most under-utilized asset is the usage allocation of it's waterfront property.

Horray for the Aldermanic decision you are operating in the city's best interest. I wish I could say the same for the mayor.

Posted by: Chris Gray | May 16, 2008 1:08 AM

That is a great illustration, Qriver Res, and great work by the community and the Board with this effort. The stage is set for some sweeping changes in our economy and even our basic systems and such a view of our resources as is expressed by this measure will be vital in providing greater flexibility in the future.

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