Opposing Spot Zoning and new Arts Center Use Standard for 25 Milton Road

2/28/2025

Honorable Mayor Cohn

Rye City Council Members

Nicholas Everett, Chair, Rye Planning Commission

Re: Opposing a new Arts Center Use Standard for 25 Milton Road

We oppose the proposed rezoning of 25 Milton Road to allow for the construction of a new Arts Center by the Rye Arts Center, a not-for-profit organization. While we recognize the potential cultural and educational value the Arts Center brings to Rye, we have significant concerns regarding the broader implications of the proposed zoning change, particularly in terms of spot zoning, traffic impacts, and the effect on the residential character of the immediate neighborhood.

While the proposal to create a new land use standard immediately affects only one of the five parcels identified, specifically 25 Milton Road, the zoning change would potentially apply to the four other scattered parcels across the city. The strong local opposition to this development, combined with the spot zoning implications and the inadequate traffic study, leads us to respectfully request that this proposal be rejected or significantly modified.

1. Spot Zoning Concerns: Favoring a Small Area at the Expense of the City

The proposed rezoning of 25 Milton Road raises serious concerns about spot zoning, which is the practice of applying a zoning change to a small, isolated parcel without regard to the surrounding properties or comprehensive planning goals. Spot zoning is typically considered improper when it creates an exception for a single parcel that does not align with the broader goals or planning objectives of the community.

• The creation of a new use standard specifically for an Arts Center on 25 Milton Road constitutes a spot zoning action because it is a narrow, isolated change that benefits a single site without necessarily serving the broader city’s needs.
• The creation of a new land use standard for only one parcel in a residential area, with no clear justification for its applicability to the other scattered parcels, may be seen as an arbitrary and unfair special treatment that disrupts the residential fabric of surrounding neighborhoods.

2. Public Benefit and Community Impact

A core issue with the proposal is whether it truly provides a public benefit to the entire Rye community, or whether it benefits only a small group associated with the Arts Center. The zoning change must demonstrate that it serves a broad public interest and aligns with the city’s comprehensive planning goals. The outdated comprehensive plan complicates this evaluation, as it does not adequately account for the evolving needs and potential growth of Rye.

• Residents in the immediate vicinity have strongly opposed the proposed Arts Center, citing concerns about its impact on traffic, parking, and the neighborhood’s character. This opposition raises serious questions about whether the proposed development genuinely serves the public at large, as required for zoning changes.
• Does the Arts Center provide a benefit to the whole city, or is it a localized project that primarily serves those who directly engage with its programs, such as a specific subset of Rye residents?

3. Local Opposition: Impact on the Residential Neighborhood

The public response to this proposal has been mixed, but it is important to highlight that residents in the immediate vicinity of 25 Milton Road are strongly opposed to the zoning change. These local residents are concerned about the disruption to their neighborhoods, including issues of increased traffic, congestion, noise, and the alteration of the residential character of the area.

• The 25 Milton Road parcel is currently zoned R1, which maintains the residential character of the neighborhood. The proposed change would introduce a non-residential use into a traditionally residential area, fundamentally altering the character of the area, and creating a precedent that could lead to further spot zoning in the future.
• Local opposition to a zoning change is an important factor in assessing the public welfare. The strong resistance from nearby residents indicates that the project may not be in the best interest of the community, particularly given its disruptive potential on the immediate neighborhood.

4. Traffic Study: Inadequate Assessment of Cumulative Impact

The traffic study presented by the applicant only addresses the impact on the 25 Milton Road parcel and fails to take into account the broader implications for other parcels affected by the new land use standard or the cumulative traffic impact on the surrounding area.

• A comprehensive traffic study must assess long-term impacts on traffic patterns, parking, and infrastructure, not just the immediate area surrounding the proposed development.
• The existing study does not adequately address how the proposed Arts Center will affect neighboring roads and the residential areas beyond the immediate vicinity of 25 Milton Road, nor does it account for the potential for increased development in other areas under the new zoning standard.

5. Conclusion: Spot Zoning and the Need for Further Evaluation

The proposal for the Arts Center at 25 Milton Road raises several important concerns, particularly regarding the potential for spot zoning and its impact on the residential character of the neighborhood. The narrow, isolated change in zoning could set a precedent for future developments in other scattered areas of the city without sufficient justification for these changes. The strong local opposition from residents in the immediate vicinity, coupled with the inadequate traffic study, highlights the need for further evaluation of the proposed zoning change.

Given the concerns about spot zoning, the lack of a comprehensive traffic and infrastructure study, and the outdated comprehensive plan, we urge the Planning Commission and City Council to reject this proposal. We respectfully request that the Planning Commission and City Council take the time to thoroughly assess whether this development genuinely serves the broader public interest and does not unfairly favor a small area or group at the expense of the rest of the community.

We thank you for your full consideration in this matter and support you in making the best decision possible for the residents of Blind Brook Lodge and the entire Rye community.

Sincerely,

The Board of Directors

Blind Brook Lodge Owners, Inc.

Sarah O’Keefe, President David Kent, Treasurer

Hope Bernard, Vice President John Johnson, Secretary

David Barton, Director