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Although Stewart's Shops, being a convenience store that also sells gasoline, would be exempt from the proposed legislation banning formula businesses, the committee also decided that they would not pursue a zoning change to allow Stewart's to demolish two houses and expand their gas station and store at the corner of Green Street and Fairview Avenue. As Alderman John Friedman (Third Ward), who chairs the committee, explained, "Nobody in the neighborhood wants to see the expansion happen." He did note, however, that everyone wants to see the intersection improved, although it's not clear how that improvement might be achieved.
Also of interest, and related to the first item about conditions for the sale of foreclosed property, some months ago the Economic Development Committee was looking at a draft resolution that would place conditions having to do with future use on the sale of 427 and 429 Warren Street, the former police and court buildings.
Now it seems that, despite a Council resolution committing the City to using the income from the sale of these two buildings to pay down the debt incurred in creating the new police and court building, there is thought of keeping 427 Warren Street, the much maligned building alleged to have serious mold issues, and using it for the code enforcement office, which would be homeless were the two buildings to be sold. The sale of 429 Warren Street, the 19th-century building where the code enforcement office is currently located, could go forward. It should be noted that six months have passed since the police department and the court moved to their new digs at 701 Union Street.
COPYRIGHT 2017 CAROLE OSTERINK
While it would be great to keep chain stores out, I wonder about the legality of saying some chains can, and some can’t. I know other places around the country have passed these laws in recent years, so maybe it can be done. But I don’t know if those have been challenged in court, and whether those challenges have been resolved yet.ReplyDelete
In other arenas, such as signage laws, you can only ban signs if you prohibit *all* types of “speech” in that arena. You can’t say “no political lawn signs” unless you also ban real estate signs, contractor signs, et al. I’m not a lawyer, but it seems like the same principle might apply.
The proposed law was modeled on a similar law in San Francisco, which I believe has withstood legal challenge.Delete
San Fran as well as a few other city's pre-litigated statutes were used as guides. Hudson's is much simpler than the others though as they are all much larger cities.Delete
As for signage laws, recent Supreme Court rulings have cast doubt on the ability of a municipality (or, likely, any political subdivision) to effectively regulate signs on any basis besides size and safety issues and, as it's a 1A issue, then only in the most limited manner calculated to achieve the goal of the statute/regulation.
While personally I might like to keep chain stores out, I wonder if the City has done its homework about the legality of saying some chains can, and some can’t do business here.ReplyDelete
I know other places around the country have passed these laws in recent years; so maybe it can be done. But one would need to research whether those have been challenged successfully in court, and whether those challenges even have been resolved yet, given how slowly the wheels of justice can grind...
In other arenas, such as signage laws, you can only ban signs if you prohibit *all* types of “speech” in that arena. You can’t say “no political lawn signs” unless you also ban real estate signs, contractor signs, et al. ... I’m not a lawyer, but it seems like the same principle might apply here.
is a draft law available yet? Would appreciate a link.ReplyDelete
I'm assuming you're asking about the formula business ban. It's undergoing some minor revisions agreed to on Thursday and will be available online after it has been presented to the full Council at the informal meeting on October 9.Delete
The draft approved by the ED Committee, as amended, has been given to the City Clerk and should, shortly at least, be online on the City's website.Delete
Stewarts Shops have a new architectural model they are using, open white peaked structure with lots of glass. If they want to be a good neighbor they could easily make this old style paradigm mush more visually attractive.ReplyDelete
Keeping 427 Warren for code enforcement, with a public bathroom (that already exists) and a place for that blue bag box, etc - at the center of town is a great idea. Hope it comes to fruition .
All great news in this post.
Thank You Carole
So happy that awful Stewart's idea is going away. Now I wish they would put a circle on that intersection, as well as the one by the hospital.ReplyDelete