The Bethlehem Zoning Board of Appeals has denied a use variance that would allow the Bethlehem Central School district to sell its property at 90 Adams to daycare provider School’s Out, Inc.
The decision was made on Wednesday, April 17, in a room filled with neighbors of the property. The issue has been before board since February, and two public hearings were previously held to allow time for those on both sides of the issue to air their concerns.
“I want to thank everyone for their participation. I’ve been doing this three years and this has certainly been one of the more interesting issues, and one with the most information to consider,” said Zoning Board of Appeals Chairman Dan Coffey. “This was a very tough decision.”
Neighbors argued increased traffic due to buses and parents dropping off students at School’s Out would lead to an unsafe environment. They also said quality of life would diminish for residents and the move would destroy the unique character of old Delmar.
School’s Out had been looking to move because they said more space was needed than at their current location at a storefront on Delaware Avenue.
In December, the BC Board of Education accepted an offer from School’s Out to buy 90 Adams Place for $475,000. The 6,850-square-foot property had been on the market for nearly a year with a $650,000 asking price, but the price was dropped to $575,000 after little interest was shown in the building.
The district had been seeking an adaptive reuse interpretation from the ZBA, and if that failed, a use variance. The area in question is zoned residential, but the building was built in the neighborhood before the town had a zoning statute. An attorney speaking on behalf of the district had claimed a variance would not be needed because the property would still be used for educational purposes.
Zoning Board members said they believe the portion of the town code referring to adaptive reuse was poorly written However, the majority of members felt the code stipulated the only properties in a core residential area that could be converted to non-residential use are those on a state or county highway, and the statute had been included so as not to change a neighborhood’s characteristics.
Board member George Harder felt differently.
“The way (the code) is written currently only defines what a new use can exist as,” he said. “It doesn’t stop a non-residential structure from changing to another non-residential structure. Footnote 12 only refers to a residential structure turning into a non-residential structure and the requirements thereof, so I believe the school district has interpreted correctly to an extent.”
With that, the district’s request for an adaptive reuse interpretation failed by a 4-1 vote. The board unanimously voted against the district’s request for a use variance.
To obtain a use variance, the district had to prove a lack of return on investment, that the hardship to the property was unique, that the use variance would not alter the character of the neighborhood and the alleged hardship was not self created.
Most board members agreed that the hardship was unique and the school district did not create the problem, but said the sale would change the neighborhood’s character, mostly due to traffic. Some also felt the district missed out on an opportunity to sell the property to another potential buyer by not asking the town’s Industrial Development Agency for a tax break because of the “effort.”
The building was vacated by staff last April and has since been “mothballed.” District officials said companies had scouted the building with an eye towards converting it to office space or medical building, but potential buyers felt it would take too much effort. The property is also too large to reasonably be turned into the site of a house.
School’s Out Executive Director Jayne Maloney declined an opportunity to comment on the rulings after the meeting.
BC spokesman Bill Devoe said the administration will now discuss the issue with the Board of Education and its counsel to decide how best to proceed “in a way that is beneficial to the district and the Bethlehem community.”
“The district administration is disappointed in the Zoning Board of Appeals decision, but we fully respect the process,” said DeVoe. “We believed that the use of the building by School’s Out was a great option, given the community’s general support of providing high quality care for students, both before, during and after school.”
Adams Street resident Stephen Malinowski, who has acted as a spokesperson for the group of Delmar neighbors living near the property, said he was happy with the outcome.
“Primarily what I heard was the board agreed with our issues, that it would change the character of the town,” he said. “Of all the issues we talked about I think my main concern was child safety and distracted driving, because I’ve seen it happen.”
Malinowski said residents aren’t opposed to another business buying the property in the future, but it needs to “fit in better with the neighborhood.” He suggested a dental office.