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ZONING VARIANCE PROMPTS RESIDENT'S PROTEST

Sept. 18, 2001 – What's being billed as a meeting of Smith Bay residents to organize in protest of the special zoning of a warehouse construction project in their neighborhood has been scheduled for Wednesday evening.
Retired contractor Horace M. Lewis wants neighboring homeowners to join him in legal action aimed at keeping Merchant's Market, a local food wholesaler, from building a warehouse next to their residences in rural Smith Bay. He has announced an "organizational meeting of concerned residents of the Smith Bay area" for 7:30 p.m. Wednesday at the Tau Club.
"The agenda," Lewis said, "includes a status report on the action against a use variance for a wholesale and warehouse business in an area zoned R-3 in Smith Bay." He noted that "warehouses are not allowed" in areas zoned R-3 and said he has engaged attorney Rosalie Ballantine to pursue the matter in court if necessary.
The Legislature has the authority — which it has from time to time exercised — to grant "variances," or exceptions, to zoning regulations on a case-by-case basis.
Heavy machinery has already cleared much of the disputed 3.5- acre lot at 8A and 8A-1 Smith Bay. Posted at the site is a Planning and Natural Resources Department Coastal Zone Management earth change permit issued to Merchant's Market for a project described as a "warehouse."
Lewis said he has invited government officials to attend the meeting. For further information, he can be reached by calling 643-0741.

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