Fulton Council Tables Response to Public Hearing

FULTON, NY – At its recent meeting, the Fulton Common Council advertised for a public hearing to be held the following month in regards to amending the city’s non-conforming use law.

Such amendment meant that rather than restoring a home to single-family occupancy after 12 months of being vacant, as is required by current law, the council would treat each residence on an individual basis and vote whether it was able to remain zoned as a multi-family home or be restored to single-family residency.

The change would effect only multi-family residences that the city has acquired through tax foreclosure.

“Sometimes we will get a multi-family home that’s in really good shape and we don’t want to tear it down and it may be too big to make a single family home, so we are trying to find a way to fill the neighborhood and not just strip us of our tax base. I think if there’s any way it can be made into a single family, that’s first consideration. Now, having said that, the only thing this would do is make it a case by case basis and it would extend that one-year period,” explained Mayor Ronald Woodward Sr.

The initial request in change came from the council’s intent to help prospective buyers who are in the process of purchasing a tax foreclosed multi-family unit with intent to rent it out, but are unable to do so after the one-year time frame had lapsed.

Woodward explained that the city is struggling with multiple homes that would have no other option but to be torn down, an issue the city was trying to fix by amending this law.

“It was a joint decision between myself and the council,” said Mayor Woodward, in regards to the idea to mend the current law. However, after further consideration, the mayor has had a change of opinion regarding the matter.

“My inclination right now, before we hear from the public, is probably we won’t do anything. I’ve asked the council not to vote on it tonight because I want to hear what the public has to say,” he said.

The public present at the hearing agreed with the mayor’s new stance, speaking out in opposition of the mend to the current law.

One concerned member of the public spoke out in regards to a home in her neighborhood that was originally built as a single-family home and had been transformed to fit five separate family apartments within the house on one small city lot.

The house she felt was far too small of a city lot to house that many families and after continual issues arose from the house, the concerned neighbor hoped that this proposed change in law would not allow a landlord to buy the house after it’s vacancy for more than four years and allow it to go back to a multi-family unit.

Another speaker, Dennis Merlino applauded the council for its efforts to address “slumlord” situations throughout the city, but questioned how the city would consider who is applicable for the extension and who is not.

The mayor noted that should the law change occur, any prospective buyer that owed the city money such as back taxes or water bills, or had a landlord court history would not be eligible for the extension, among other restrictions.

The law change would be most useful for a live-in landlord, someone who occupied a part of the multi-family home they were seeking to buy, thus ensuring that they would take care of the house efficiently and would avoid allowing distant landlords who have no interest in the city of Fulton or their properties aside from collecting their rent payments, explained Woodward.

However, if the law change did pass, each individual case brought to the council would need five or more approved votes from the council and specifically an affirmative vote from the alderman representing the ward in which the house resides.

This way, that alderman can speak with neighbors and make an informed decision, he further explained.

“I’m not sure we should even do it, because we are making a law for a very select few and that never works.” Woodward said.

Member of the Zoning Board of Appeals, Fred Cavalier agreed, warning the council to take caution in making a selective law.

“You have to pass a law that applies to everybody, it cant be selective,” he said.

Cavalier also made known that the person could still come before the Zoning Board of Appeals despite the council’s decision and could overturn if necessary.

“I applaud you for trying to get the law changed. We’ve worked with the law the way it was, not always happy the way that it has been,” he said. “There’s been some properties that we’ve said no to that we really shouldn’t have, but that was the law and that’s what we followed.”

Cavalier urged the mayor and Common Council to look at it closely before voting.

Oswego County Legislator Frank Castiglia Jr. approached the board with a few concerns of his own.

After hearing the mayor announce that the decision would be tabled, Castiglia wanted to be sure that another public hearing would be opened when the matter was re-approached. The mayor confirmed another public hearing would be scheduled before a vote would take place.

Castiglia expressed his belief that the zoning board was doing a great job by simply following the law, with no exceptions or special circumstances.

“I like what you’re doing about selling the properties, I just don’t like the idea of multi-families still staying,” he said.

The proposal was tabled until the next regular meeting scheduled for the Municipal Building on April 19 starting at 7 p.m.

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