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April 11, 2005 Planning Board Meeting
Chairman Larry Ruth called the meeting to order at 7:38 P.M. Members present were Gene Bavis, Elaine Leasure, Larry Ruth, Pat Stark and Peter Schillaci. Also present were Paul Russell, Phil Williamson, Dick Morris, Norm Druschel and Supervisor Guelli.
Chairman Ruth adjourned the meeting temporarily at 7:39 P.M. to meet with Dick Morris, Attorney for the Town.
The meeting reconvened at 7:53 P.M.
Pat Stark made a motion, seconded by Peter Schillaci to dispense with the reading of the legal notice. Motion carried.
Elaine Leasure made a motion, seconded by Peter Schillaci to approve the Planning Board minutes of March 23, 2005, as presented. Motion carried.
1. Continued application of Walworth Sportsman’s Club, Inc. for modification of previously approved Special Use Permit located at 4247 Ontario Center Road. Property is zoned RR-2.
Chairman Ruth opened the public hearing.
Evelyn Bowen – 3305 Ontario Center Road
Mrs. Bowen stated that she has a dog and if that dog were left barking for hours at a time it would be considered a nuisance. Mrs. Bowen compared the nuisance created by shooting over a 6-hour period of time at the Sportsman’s Club to the dog.
There was no further public comment.
Gene Bavis made a motion, seconded by Elaine Leasure to close the public hearing.
Motion carried.
Chairman Ruth stated that the Board has a Resolution drafted in part from the input from the public, the Sportsman’s Club and research from town records.
Gene Bavis offered the following resolution and moved its adoption, seconded by Pat Stark to wit: RESOLUTION IN THE MATTER OF WALWORTH SPORTMEN CLUB APPLICATION TO MODIFY A SPECIAL USE PERMIT
WHEREAS, by an application dated February 4, 2005, the Walworth Sportsmen Club, Inc. (“Applicant’), who are the owners of property located at 4247 Ontario Center Road, Walworth, New York (“Property”), have made an application to the Town of Walworth Planning Board (“Planning Board”) to modify a special use permit granted by the Planning Board on January 8, 1996 (“Special Use Permit”, which allowed the Applicant to operate a shooting range on Fridays from 5:00 PM – 10:00 PM, Saturdays 10:00 AM – 4:00 PM and Sundays from 10:00 AM to 4:00 PM, each and every week subject to certain conditions as set forth in the permit, and
WHEREAS, the Applicant, by its application to modify the special use permit, has applied to the Planning Board to modify the Special Use Permit to add an additional day of operation, more particularly to allow the Applicant to operate its shooting range and allow shooting, in addition to Fridays, Saturdays and Sundays, also on Wednesdays from 11:00 AM to 9:00 PM., and
WHEREAS, the Planning Board has reviewed all documents submitted to the Planning Board by the Applicant in support of the application, and
WHEREAS, the Planning Board has received and reviewed letters from Robert Burger, dated March 8, 2005 and March 21, 2005, a letter from Bonnie Kay Tucker-Mongeon, dated April 6, 2005, a letter from James S. Dye, dated March 28, 2005 and an email from Evelyn Bowen, dated April 8, 2005, all in opposition to the application, and
WHEREAS, the Planning Board has reviewed all documents within the file and on file with the Town or in the Town’s possession pertaining to the history of the Property including the granting of the original variance by the Walworth Zoning Board allowing the Applicant to operate a gun club, the Special Use Permit granted by the Planning Board and the various zoning laws in effect pertaining to the Property from the granting of the variance to operate to the present, and
WHEREAS, the application to modify the Special Use Permit as applied for by the Applicant was scheduled for a public hearing before the Planning Board on March 14, 2005 at 7:30 PM, and
WHEREAS, timely notice of the public hearing was published in the official newspaper of the Town of Walworth and the public postings have been made as required by law, and
WHEREAS, a public hearing was held on March 14, 2005 and continued until April 11, 2005 before the Planning Board, and
WHEREAS, the Planning Board, at the public hearing held on April 11, 2005, heard the comments from the Applicant and the members of the public’s comments in support of the Applicant’s application and further, heard the comments by members of the public in opposition thereto, and the hearing was then closed.
NOW, THEREFORE, it is
RESOLVED that the Applicant’s application for modification of the Special Use Permit increasing the number of days and hours of operation to include Wednesdays from 11:00 AM to 9:00 PM is denied based upon the following:
1. At the time the original application for a variance was granted on September 7, 1960, the Applicant represented to the Town of Walworth Zoning Board that they only had eleven members and that membership was limited to twenty and now there are some 90 members belonging to the club.
2. At the time the variance was granted, the Property was located in a farm-residential zoning district, wherein very few residences were located.
3. Subsequent thereto, the number of residences have greatly increased and the area has become substantially more residential since the granting of the original variance.
4. At the time the Special Use Permit was issued, the Applicant’s property was located in a residential zoning district known as R-20, which permitted recreation buildings or areas operated by not-for-profit membership clubs for the benefit of their members (which would include the Applicant) upon issuance of a special use permit.
5. A moratorium upon the issuance of special use permits in R-20 residential zoning districts was adopted by Local Law by the Town Board of Walworth on June 8, 1998 and again on September 13, 1998 in effect prohibiting special use permits in a R-20 residential zoning district for non-residential uses until completion of a study to adopt changes to the Comprehensive Plan and to evaluate special uses then allowed in a R-20 residential zoning district. The History and Background set forth in these local laws state:
“The Town Board of the Town of Walworth is concerned that the present zoning law enacted as part of the Town Municipal Code allows certain types of uses upon the issuance of a special use permit which are not residential uses in R-20 Single Family Residential and R-MF Medium Density Residential Zoning Districts. That it has come to the attention of the Town Board that, by reason of the fast growth of the Town of Walworth over the past several years and the changing make-up of the Town where it is becoming more residential, many of the uses permitted upon issuance of special use permits may in effect not promote, effectuate and be in harmony with the orderly physical development of the Town in accordance with the Town’s Comprehensive Plan, may not encourage the most appropriate use of the land in the community in order to conserve and enhance the value of property, may not ensure privacy for residences and freedom from nuisances and things harmful to the senses, may not be in harmony with the purpose intent of the residential zoning within R-20 and R-MF Zoning Districts, may have a negative effect on the public health, safety and welfare of those occupying the residences within the R-20 and R-MF Zoning Districts, all necessitating a review of the current comprehensive plan and the Zoning Law of the Town of Walworth as pertains to R-20 and R-MF Zoning Districts.’
The Purpose and Intent of these local laws stated:
“It is the intent of the Town Board in order to accomplish its goal after amending its comprehensive plan, to review its Zoning Law and address issues relative to whether or not the non-residential uses which are now permitted in the R-20 and R-MF Zoning Districts by special use permit shall continue to be allowed, all to ensure that the Town is developed according to the intent of the comprehensive plan and the Zoning Law and the public health, safety and welfare of the Town’s inhabitants are protected. It is the intent of the Town Board in order to protect the public interest pending the development of a new Comprehensive Plan and the passage of legislation, if necessary, pertaining to the future allowance of non-residential type uses in R-20 and R-MF Zoning Districts, to implement interim legislation effecting a moratorium on all applications for single family use permits as set forth in Chapter 180-11 entitled AR-20 Districts: Single Family Residential and Chapter 180-12 entitled AR-MF Districts: Medium Density Residential”, exempting from this moratorium any uses permitted upon issuance of a special use permit which may be permitted in Chapter 180-10 entitled AR-40 Districts: Single Family Residential”; since these permitted uses in an R-40 District are not those type of uses which would by contrary to the purposes and intent of the Zoning Law in regard to Residential Zoning Districts and further exempted from this Law are uses permitted upon registering with the Town pertaining to home occupation, minor and uses permitted upon issuance of a home occupation permit, pertaining to home occupation, major category AA@ and home occupation, major category AB@ because there are adequate safe guards presently built within the Law to protect the Residential Zoning Districts and to carry out the purpose and the intent of the Zoning Law.”
6. Subsequent to the moratorium, a Comprehensive Plan was adopted by the Town Board of Town of Walworth and on August 17, 2000, the zoning law of the Town was amended changing the designation of a R-20 zoning district to a RR-2 zoning district and deleted from the zoning law, as a permitted use subject to the granting of a special use permit, the operation of a gun club such as the Applicant’s.
7. Since the issuance of the original variance on September 7, 1960 and the granting of the Special Use Permit in the area where the Property is located, the said area has gradually, significantly changed from a farm like area to a residential area as demonstrated by the evolution of the zoning law effecting the Property. The operation of a gun club today essentially is in conflict with the nature and character of the neighborhood and surrounding area and is not in harmony with the orderly physical development of the neighborhood and surrounding area. The proposed amendment of the Special Use Permit, if granted, would be an additional extension of a conflict with the nature and character of the neighborhood and surrounding area, since allowing guns to be discharged in this residential area would intensify the danger to the health, safety, welfare, comfort and convenience of the surrounding neighborhood and area in the Town and pose a harmful effect to the neighborhood and surrounding area within earshot of the discharging guns increasing the interference with the peaceful use and occupancy of residential properties in the areas affected by the noise created by the discharge of the guns on the Property.
Dated: April _11__, 2005 Walworth, New York
Gene Bavis stated that it is important that the people understand that essentially because of the circumstances that exist, the town will not stop the operation because it is permitted under the Zoning Variance from 1960 and the Special Use Permit. It is not a permitted use today, nor would it be considered today so basically the Board cannot allow the operation to be expanded.
2. Continued application of Melissa Cocola & Rob Maher for final site plan and Home Occupation Major – Category B approval located at 2150 Sherburne Road to operate a dog boarding and training facility. Property is zoned R.
Rob Maher stated that at the last meeting the applicant was asked to have a survey done showing the exact elevations in relation to the flood zone, as located on the property. The survey has been done and the map shows the current reception area and the first 9 dog suites are at an elevation of 463.2’ with the flood zone being 462.7’. Therefore the floor in the existing building is approximate ˝’ above the flood level. The proposed addition will be elevated 1’ above the flood zone level, as required.
Rob Maher stated that under the FEMA requirements for remodeling, there is no requirement to raise the floor height of existing structures. New construction requires the structures to be 1’ above the flood zone level. Rob stated the new construction would be elevated to the 1’ mark.
Peter Schillaci questioned how the applicant had made out during the heavy rain in the area during the past weekend. The water at the applicant’s property did not overrun the creek beds nor was the driveway in danger of flooding. The water was very far away from the house.
Peter Schillaci questioned Paul Russell as to whether the most recent storm should be classified as a 10-year storm. Paul Russell stated that he had not quantified the storm, but it is likely the storm is at least a 10-year storm. Paul Russell stated that the flood elevation is based on a 100-year storm.
Gene Bavis made a motion, seconded by Elaine Leasure that the Home Occupation, Major – Category B be approved with the Planning Board finding:
And, that all the requirements of Chapter 180-43.1 pertaining to the granting of a Home Occupation, Major – Category B Permit, as proposed by the applicant, have been satisfied and that a Home Occupation, Major – Category B Permit shall be issued to the applicant to conduct the Home Occupation, Major – Category B business as defined by 180-43.1 of the Municipal Code of the Town of Walworth on the premises known as 2150 Sherburne Road, Walworth, New York to let business of a dog training and boarding facility, subject to the following conditions:
1. Home use in the property shall continue to be in full compliance with the criteria and requirements for a Home Occupation, Major – Category B Permit as set forth in Chapter 180-43.1(E)(2)(a)(b)(c)(d)(e)(f)(g)(h).
2. The off-street parking shall be provided for two (2) vehicles.
3. The home occupation use must comply with the New York State Uniform Fire Protection of Building Code as applicable to the Town of Walworth Municipal Code Chapter 180.
4. All conditions as outlined, below
a. it shall house no more then thirty-five (35) dogs b. the average stay will be 5 to 21 days based on the degree of training required c. the home occupation will be operated by the applicants, with possibly one employee based on level of business d. waste disposal will be contracted with a commercial refuse carrier e. hours of operation will be 8 AM to 8 PM f. while outside, all dogs will be constantly supervised g. no dogs are to be outside between the hours of 8 PM and 8 AM h. applicants will be in compliance with all applicable codes, rules and regulations
Roll Vote: Gene Bavis Aye Elaine Leasure Aye Larry Ruth Aye Pat Stark Aye Peter Schillaci Aye
Motion carried.
Rob Maher questioned the effective date the operation could begin. Phil Williamson advised the applicant to see him at the office on 11/12/2005 to fill out the paperwork.
3. Request to extend approval for property located at 4033 Ontario Center Road, Lot #2 of the Taber Subdivision, previously approved 1/1/2000. Property is zoned RR-2.
Paul Russell stated the site plan was previously approved and the approval needs to be updated. The engineer, Newt Gowdy, has provided verification stating the laws haven’t changed, and the extension of the approval is appropriate.
Gene Bavis questioned if Paul Russell concurred with Newt Gowdy’s letter. Paul Russell stated he did.
Gene Bavis made a motion, seconded by Elaine Leasure to extend the site plan approval for Lot #2 of the Taber Subdivision for a period of one (1) year beginning today’s date, 4/11/05.
Motion carried.
Gene Bavis questioned if a sample letter could be generated outlining the information needed for a site plan extension. Paul Russell stated he would prepare a letter.
Elaine Leasure questioned the status of Whitney Meadows subdivision.
Dick Morris stated he had contacted the developer’s attorney, who had contacted the developer. To date, the developer’s attorney has not had any response from the developer. After discussion between the Board and Dick Morris, it was determined that Dick Morris would contact the developer’s attorney and generate a letter to be sent to the developer.
Peter Schillaci made a motion, seconded by Pat Stark to adjourn.
Motion carried.
Meeting adjourned at 8:40 P.M.
Karen Ambroz, Clerk |