Former Marilla Supervisor John Foss attended a Town Board work session Tuesday to explain why properties rezoned for business use revert to their former zoning if no business development begins there within a year.
The board is revisiting the rezoning law to see whether it could be changed to give owners more than one year to begin development.
Deputy Supervisor Donald Darrow presided at the meeting while Supervisor George Gertz is on vacation.
Foss said that in his opinion the Town Board in 2006 chose the corner area at Clinton Street and Two Rod Road, then zoned for agriculture, as the best place for the business zoning for commercial purposes.
Foss said the Town Board, and not an individual, asked for the change to business zoning. Foss said he believes the code for automatically reverting to the original zoning does not apply.
Business-1 zoning gives the Town Board the ability to set restrictions on what type of business goes there.
Foss said although 62.46 acres were rezoned by the Town Board, he didn’t believe the action applied to the code since it was not an individual who requested the rezoning for a particular business.
Around that time, Richard Rohl, owner of the site, applied for a permit to build a business plaza of individual stores but never built any, and the zoning reverted to agricultural use.
Town Attorney Joel Kurtzhalts said he would look into town records before giving an opinion on the matter.
In a separate action, the board asked Kurtzhalts to rewrite the proposed peddlers license requirements to reflect a change before a final vote on the matter.
The board had wanted the new license to include some duties of enforcement to be the responsibilities of the code enforcement officer’s but since he is only in the office for one day a week they assigned the duties instead to the town clerk to issue the license which includes a list of addresses a peddler should not contact.
The license issue came up after several residents complained to the town that they were being bothered by some aggressive salespeople.
The new law would have some restrictions including a requirement for a permit from the town clerk’s office.
The board will hold a farmland protection informational hearing at 7 p.m. Wednesday in the Community Center, 1740 Two Rod Road.