Commission Nixes Stefanonis' Hoyt Street Proposal, OKs Amended Version [Updated]

Updated, 10:25 a.m.

Echoing its decision from two weeks ago, the Planning and Zoning Commission rejected Chris and Margaret Stefanoni's Hoyt Street Senior Residences proposal Tuesday but approved a heavily modified version of the project.

In their 6-0 ruling, commissioners set numerous traffic and fire safety preconditions in order for the development to proceed. Collectively, the measures would almost certainly force a reduction in the number of units proposed for the half-acre lot at 57 Hoyt St.

"In this specific case, the commission concluded that it cannot approve the plans as submitted, because it is necessary to protect substantial public interests in health, safety, or other matters which the commission may legally consider," P&Z Director Jeremy Ginsberg said, reading a summary of the commission's decision.

The vote caps over four months of hearings and discussions on the couple's application. On March 8, the commission by the developers slated for Tokeneke Road.

With over 30 percent of the units in both applications set aside as affordable, the projects are eligible for a favorable appeals process under state statute 8-30g. 

The Stefanonis appear likely to avail themselves of that process, as they have previously for their Leroy-West housing proposal. That project remains in litigation.

The couple's Hoyt Street plans call for a 3-story development with 16 units, 5 of which would be set aside as affordable. The apartments would range from 934 square feet to 1,073 square feet, supported by 24 surface-level parking spaces.

Throughout hearings on the project, commissioners and its impact on public safety and storm runoff. Members focused especially on the location of the lot, which is a block away from  and would require a bypass lane.

The Stefanonis, citing reports and plans from their team of hired professionals, characterized the impact of the development as relatively minimal.

Neighbor Mark Gregory , noting that the parcel in question included a deed-restricted 25-foot setback. The Stefanonis' plan features five-foot setbacks.

Attorney Robert Fuller, hired by the commission to study the legal implications of the setback requirement, indicated that 8-30g did not permit applicants to override such deed restrictions, but the developers challenged that interpretation.

Among the requirements issued by the commission for the project to proceed:

• Modify the footprint to satisfy the deed's 25-foot setback.
• Move the proposed driveway to the south by at least 10 feet.
• Provide a parking ratio of at least two parking spaces per unit plus one handicapped space.
• Either reduce the number of units to a maximum four in order to remove the state requirement for a bypass lane or submit an alternative plan to the commission "which would not compromise the safety of pedestrians and of traffic emerging from Echo Drive."
• Conform to existing height limitaitons and provide more space around the building for fire safety purposes.
• Install a fire hydrant and sprinklers throughout the building.
• Obtain a written commitment from the gas utility that it will supply the building.

Before the vote, commissioner Susan Cameron also reiterated her concern that the amount of impervious surface created by the development would exacerbate runoff issues in the area.

Vice chair Joe Spain said that the commission shouldn't take a "least common denominator approach" to safety issues when considering new developments.

"There just isn't any doubt about the safety compromise" posed by the project, Spain said.

Commission member Reese Hutchison criticized the Stefanonis' decision rather than the more robust traffic study .

Chairman Fred Conze accused the couple of trying to "shoehorn a large project like this" into a highly-developed neighborhood.

"These are people who have no experience ever having built one stick of residential development," Conze said.

"They've never built anything let alone maintained anything," he added.

"I look forward to the next step in the process and was pleased by some unwitting statements that members of the Planning and Zoning Commission made that should prove useful," Chris Stefanoni said in a statement after Tuesday's decision. "Overall, it was expected, and I am encouraged by it."

Tuesday's vote came after the Stefanonis  last week.