Go-cart proposal gets into gear

NORTH EAST — Real estate developer and local attorney Robert Trotta appeared before the Town Board last Thursday, April 29, to once again petition for approval for a go-cart business. Trotta and his planner, Art Brod Jr., appealed to the board for a zoning change that would allow for the construction and operation of a go-cart track along the Boulevard District, on the east side of town. The decade-old proposal is nothing new to the board, which last saw Trotta and Brod in 2009 regarding the issue.

“The considerable time that has passed … should in no way be construed that Mr. Trotta’s interest in pursuing this matter has either diminished or vacillated during this intervening period,� Brod wrote in a letter sent to the board on Feb. 5. “We have both been simply wholly occupied on other matters.�

The project

That the project is still a focus for Trotta was clear last week, as he jumped right into the details at the start of the meeting.

“Whether this will be a ‘green’ facility, we haven’t done a cost comparative of electric versus gas-generated carts yet,� he told the board at the mention of electrically powered go-carts, before referring back to gas-powered carts. “I do know these carts and I’ve had the chance to watch them operate. They are not offensive, they are not unsafe, they receive inspections and there are many requirements [that have to be met for the track to operate].�

He referred to his son, Robbie Trotta, and his go-cart business in Hillsdale. It is his son who would run the Millerton track if approved.

“So far my son’s operation runs safely,� he said. “These carts don’t run fast. The maximum speed is 20 mph; this is not high speed, this is family recreation. It’s for families to have a good time.�

Who stands where

Town Councilman Carl Stahovec spoke favorably of the type of entertainment go-carts provide.

“I, as well as my daughter, who is now grown up, have probably been to every go-cart track from Florida to the Bahamas to New York,� he said. “As far as a family affair goes — you’ve got it. And with mini-golf and a driving range, they all go together.

“Originally we did say the BD-6 is a little more out of town and would be better,� he added. “But you know all three do go together, and in the BD-6 it would ruin a prime piece of property.�

Stahovec did say he would like to know more about the electric go-carts, however. Trotta made no commitments.

“As far as electric carts, I just don’t know a lot about them,� he said. “They’re usually for indoor tracks. There are business judgements I would like to make without being forced to make them.�

Although previously the Town Board would not commit to supporting the project, this time board members appeared more open to the prospect.

“I myself, looking at it, everything changes,� Councilman Dave McGhee said. “I think it’s better off situated with everything with the driving range and mini-golf. But I want to see electric cars. It’s in my mind and I don’t want to change it.�

“To my mind when neighbors mow their lawn it’s OK, but what if they mowed every day, all day and never stopped?� asked Councilman Tim Shaffer, adding that he would support the business in the BD-3 zone above the BD-6 zone.

“I agree with the BD-3 zone,� Councilman Steve Merwin said. “With emissions laws now gas is much quieter, much better. Everybody is away from the gas, but the four-stroke are much better and quieter.

“You come into New York on Route 44 and put those trucks and their j-brakes on, people deal with that every day,� Merwin added. “The other thing is Bob owns most of those properties and he doesn’t want to piss off the retailers, either. There’s more to discuss and he has to do some studies.�

“I felt initially and agreed with the BD-6,� town Supervisor Dave Sherman said. “I still feel that’s the preferable place to do this. The BD-3 had to be on the easterly side of the property. I understand the synergy and operational concerns of having it with the driving range and mini-golf. I agree with concerns about [noise and air pollution and the preference for] the electrical carts, so I would be inclined to go in that direction.�

A letter submitted to the Town Board addressed concerns about the proposal.

“We are writing to express our strong opposition to a change of zoning that would allow a go-cart track anywhere off Route 44,� stated a letter signed by Millerton residents Ellen Adler, Ryan Marshall and Mary Herms. They referred to similar requests made in 2001, 2006, 2007 and 2008. They cited a memo sent from the Zoning Review Committee (ZRC) to the Town Board from March 8, 2007.

“The ZRC feels that outdoor recreational uses in the area west of Kelsey Brook [BD-3 zone] are incompatible with the type of intense and compact commercial retailing that is encouraged here,� it stated. “The committee recommends that the zoning request to allow a go-cart track in this area be denied.�

The zones

Both applicant and planner spoke of the desire to get approval for the project in the BD-3 zone, adjacent to the Millerton Square Plaza, the BD-6 zone, on the north side of Route 44  by the state line, or both. Their preference, however, is the BD-3 zone, right next to the existing driving range (which Trotta owns, property included). That way, they said, the benefits would be “symbiotic,â€� as rest rooms and other facilities could be shared. There’s also talk of setting up a miniature golf area there in the future. The two then touted the BD-6 zone as being better suited for a business park, another proposal Trotta has made before the board previously.

“We think the BD-6 zone is somewhat unique for its office park possibilities,� Brod said. “Whereas retail would be clustered in on the BD-3 zone. I think the Planning Board could mitigate impacts as part of its approval process, as it deems necessary.�

That said, Trotta then made a point of saying that if there ever was a demand for more stores in the BD-3 zone that “the go-carts and the driving range could go,� but added “there hasn’t been a demand for many years.�

Yet he still kept his options open during his presentation before the board.

“The BD-6 zone is good because there is not one residence on Route 44 until you get to the state line,� Trotta said. “The decibel level seems to be your greatest concern. That we’ll have to go through. I don’t want to bother anybody, but we would like to be able to utilize our land.�

The track, if approved, would be a maximum of 1,200 feet long, with a maximum of 16 carts. The Hillsdale operation is smaller at 900 feet long with only 12 carts. Robbie Trotta said he’s open during daylight hours as “it’s just not feasible� to operate at night. He also said the weather impacts his business.

Zoning options

Brod explained that ideally, he would like to see a go-cart operation added to the current list of allowable uses in the village, either by right or through a special permit. That’s an important decision the Town Board will have to make, according to Attorney to the Town Warren Replansky, who also informed the board it could do nothing.

“Whether you decide to rezone the BD-3, the BD-6, both or nothing — and you’re not committed to enact any zoning — just because you go through the review process and have a public hearing doesn’t mean you have to pass the law,� Replansky said. “All special permits in town are subject to site plan review.

“I just want you to be aware that regardless of whether you require a site plan review or a special use permit, the use must  be compatible with the surrounding neighborhood,â€� he added. “There is a presumption of compatibility that the town will have to deal with. The last thing you have to consider is supplemental regulations. These are a consideration you have to decide before the town comes up with the zoning law.â€�

The process

The town will have to go through the SEQRA (State Environmental Quality Review Act) process, specifically for the zoning law, separate from Trotta’s application. That application will also have to be referred to the Dutchess County Department of Planning and Development. Although it’s not required by town law to be referred to the town’s Planning Board, Replansky recommended that it is. He also suggested it go through the CAC (Conservation Advisory Council). A public hearing will also have to be held before it can be adopted as a local law. For a special use permit, the Zoning Board of Appeals would actually give its authorization.

Spot zoning concerns

Planning Board member Henry Klimowicz was present at last Thursday’s meeting. He addressed the board on behalf of the Planning Board.

“We remind the Town Board that changes in zoning should be done in a comprehensive manner and not for an individual applicant because it might be considered spot zoning,� he said, adding that Trotta’s proposal is for the “short-term,� as evidenced by the developer’s promise to redo the area if more retail comes to the BD-3 zone. “The proposal in my hand is really a document without standards, and I think the Town Board is trying to put some standards in place, and that’s a good idea.

“We want to grow in ways that are beautiful, thoughtful and as your father said, ‘Not soiling the nest,’� Klimowicz added, directing the comment toward Robbie Trotta.

Replansky, meanwhile, addressed the need to set up an escrow account. He also said he could have a draft local law at the board’s next meeting for it to review.

Business owner Bonnie Hundt asked the board if it was going to consider Klimowicz’s warning about spot zoning. Sherman responded moments later in a comment made to Replansky.

“At some point I think you should address the board with the issues regarding spot zoning,� he said.

“It might be spot zoning if you provided for this use somewhere else in town,� Trotta said. “So far I found you provided for this use nowhere else in town. This is not spot zoning.�

“When we went through the process of creating the Boulevard District this use just wasn’t there,� Sherman said.

Replansky told the board he would prefer to do a full Environmental Assessment Form (EAF) as part of SEQRA versus a short form. He also suggested that only one such use be permitted in the zone, if approved. He then reminded the board it will have to decide between the appropriate entities granting either site plan approval or a special use permit. That said, the board agreed to review the matter as part of its workshop at tonight’s special meeting on the agriculture and farmland protection plan, set for 7 p.m. at Town Hall.