Zoning change in Madrid not final, but business opens anyway

MADRID - The town of Madrid is proposing to rezone 200 acres of land along Route 310 for residential and commercial development, but a small bottle redemption business has already opened its doors there on the presumption that all will be approved later this month.

Canton businessman Scott A. Gibbons opened Bella’s Bottles and Beverages at 2241 Route 310 on Jan. 2. The business occupies a 1,000-square-foot building on two acres of land that he bought last July. He is collecting bottles and cans now, but has plans to sell soda, beer and water by next summer.

Bella’s site plan was already approved by the town planning board with conditions that included proper lighting and signage. Meanwhile, the proposal was sent to the St. Lawrence County Planning Board for its own review and opinion.

At the same time, the town was near closure on an amendment to change the zoning of the 200 acres on Route 310 from residential-hamlet to residential-commercial to encourage development. Town Supervisor Joseph A. Finnegan said the hearing on the local law recording the change was held last month and was tentatively approved by the town board. But a subsequent county board review was cancelled due to bad weather and rescheduled for Thursday in Canton.

If it is approved then, the measure will be sent back to the town board for a final vote on Feb. 15.

Against all this and without a town-issued operating permit or certificate of occupancy, Mr. Gibbons went ahead and opened Bella’s.

“I’m sitting on a dead horse here,” he said Monday, adding that he wanted to wait no longer for approvals he was sure will come this month.

Mr. Finnegan said Monday that Mr. Gibbons knew he was starting up his business without the necessary approvals.

“He was advised not to open,” Mr. Finnegan said. “He was a risk.”

It’s not clear whether Mr. Gibbons will be punished for jumping the gun on town regulations. But Mr. Finnegan is sympathetic to his predicament.

“He’s done a good job on the building,” the town supervisor said. “And we don’t want to discourage any new business.”

Deputy County Planning Director Jason C. Pfotenhauer agrees.

“Nor do we, and nor does the county,” he said Monday.

Mr. Pfotenhauer also stopped short of dealing harshly with Mr. Gibbons’s actions.

“We don’t want any finger-wagging,” he said.

But he also pointed out that rules and rules.

“The best process is to follow the rules in the book,” he said.

At the same time, Mr. Pfotenhauer hopes that an understanding resolution to the matter won’t encourage others to deliberately ignore the planning process and its regulations.

“Then the whole thing falls apart,” he said.

Mr. Gibbons said he has heard no complaints from the people he has spoken to.

“They say this (Bella’s) is the best thing that’s ever happened,” he said.