by Jim Martin
james.martin@me.gatech.edu
I was not able to attend the October 27 th NPU-D meeting because I was out of town for work. In my absence, Karyn Hudson chaired the meeting. By all reports, things went much more quickly and efficiently than they have at the meetings that I run. Karyn clearly has an aptitude for this job. The meeting ended at 8:35 well before things would usually wrap up.
On the agenda there was one zoning case, one liquor license, and an appeal of an administrative decision. The zoning case was a side yard setback reduction for a single-family residence in Riverside. This was approved. The liquor license was for Johnny's New York Style Pizza, which should be opening soon in the Selig development at the corner of Chattahoochee and Collier Rd (formerly called Hills Ave). This development has been completed for some time (over a year) and is apparently about to get its first tenant.
The appeal was filed by Harry Leon, who lives in the portion of Berkeley Park on the west side of Howell Mill Road. It involves CSX's practice of handling hazardous materials (primarily ethanol) in the Howell Rail Yard behind his house (and alarmingly close to the rest of Berkeley Park). This practice was forbidden by the city many years ago but was quietly restarted by CSX this year. At Harry's request, the city cited CSX for the violation (i.e. not having a hazardous-materials-handling permit and handling hazardous materials adjacent to a residential area) several months ago. CSX then appealed that citation. Their argument was essentially that the city has no right to regulate the railroads. The city subsequently rescinded the citation rather than defending their action. Harry is now appealing that rescission and asking the city to reinstate the original citation. NPU-D has previously resolved, first, to request that the city issue the citation and, second, to oppose CSX's appeal of the citation. At our November meeting we will discuss a resolution to support the current appeal, which would be consistent with our past positions.
There appears to be very little ambiguity over the underlying facts of this case. If it were not a railroad, then the city would prevent CSX from doing this. Harry's argument, based on the precedent of the city's previous decision, is that the truck-to-rail transfers occurring in the Howell Yard are not a part of the railroads' special privilege because they are an ancillary business activity that is not required for the actual rail transport of the materials. Thus, CSX is attempted to extend its privilege to undermine the city's legal authority. Similar arguments surround other issues involving railroads and zoning because the railroads can profit by using their extraordinary rights to circumvent local ordinances in a variety ways. A similar example, which was in the news a few years ago, was the practice of leasing railroad land for the construction of cell phone towers that were otherwise forbidden by the city.
Harry's appeal will be heard by the Board of Zoning Adjustment (BZA) on December 3 rd . A good neighborhood turnout at this meeting should help his cause, which is clearly in the best interest of the city and the neighborhood. In addition to the threat to our health that CSX's actions pose, they are also impeding the redevelopment of land surrounding this site. It is unlikely that any of this land would be used for purposes other than heavy industry if hazardous chemicals are handled next door. The city's plans for the area, which is part of the Beltline overlay, are that it will be “mixed use” residential.Next NPU-D meeting:
Tuesday, November 24, 2009
7:30 pm
Agape Center, 2351 Bolton Road, NW
ALL NPU
RESIDENTS ARE WELCOME