TROY - A public hearing is scheduled concerning a zoning change requested by Roy and Kim Cummings for a location on Elmira Street.
According to borough manager Dan Close, Roy and Kim Cummings have been negotiating with "a commercial interest" for the purchase of property owned by them on Elmira Street.
"The possible sale of that property is in part dependent on the referenced parcel being zoned as commercial," Close wrote in a letter to a resident, C.R. Wagner of Troy, who had asked for more information about the matter. Earlier, Kim Cummings declined comment, when asked by The Daily Review about plans for the property.
Close noted that council had asked the borough planning commission to review the request and present a recommendation to council for consideration. He said the commission felt that zoning the parcel commercial was not a detriment to the community and was in keeping with other property uses in that area. The area to be changed is less than an acre in size, and is located by Patrick's Water Hauling on Elmira Street.
Close noted that in the event the property is to be developed for commercial use, the developer would then be required to present detailed plans to the planning commission for approval. The commission would then review the zoning ordinance to determine if it is an approved use and has the autonomous authority to reject uses not permitted within that ordinance, Close said.
Close said the commission would also review the plan drawings for the development to ensure that all construction and land development is in keeping with the borough's land development/subdivision ordinance.
At this point, he said, council has agreed to the zoning change, but there are steps that must be taken, prior to the finalization of the matter.
In addition to the required notifications, postings, and advertisements, a public hearing on the zoning change will be held at 8:30 a.m. on Feb. 19 at the Allen F. Pierce Free Library.
Additionally, an ordinance describing the zoning change will be prepared and sent to the Bradford County Planning Commission, which has 30 days to review and comment to Troy Borough Council regarding the zoning change, Close noted.
He said council will vote on the ordinance at the regularly scheduled meeting immediately following the public hearing Feb. 19.
Then, assuming the ordinance is approved, there is a 30-day appeal period, he said. During this appeal period, residents who feel aggrieved may appeal the re-zoning to the county Court of Common Pleas.
Concerning the fact that the exact plans for the property have not yet been disclosed, Close noted that it's not council's role to "pick and choose what commercial business would go on the property as those restrictions already exist in the zoning ordinance. It is, however, up to council to decide whether it is prudent to expand the commercial designation in that area to include the parcel described."
Eric Hrin can be reached at (570) 297-5251; email: reviewtroy@thedailyreview.com.
