Zoning Board of Adjustment Members Present – Stanley Markowski – Chairman, Rick Conway – Vice Chairman, Ed Keith, Jr., Nicholas Michael.
ABSENT: Clarence Greeno, Dan Adams and Jack Orvis.
Others Present – John Corliss, Russell Marsan, Matt Caraldo, Patrick Griffin, Beverly Taranovich, Jeff Biasuzzi – Zoning Administrator and Kelly Giard – Recording Secretary
S. Markowski, Chairman, called the Zoning Board of Adjustment to order at 7:00 PM.
S. Markowski introduced the members of the Zoning Board of Adjustment.
S. Markowski swore in all in attendance and explained the process of the hearing.
Motion by N. Michael and seconded by E. Keith to approve the agenda as presented. Motion passed unanimously 4 – 0.
S. Markowski opened the hearing of Application 18-27, which was a request by Marsan Property Management, Inc (applicant) and Beverly Taranovich (owner) for a change of use of thee building and grounds at 84 Deere Lane (Parcel #1876) to serve as a Landscape Contractors Yard. This is a Conditional Use in the Rural – Commercial Zoning District.
S. Markowski stated that he is a contractor that does employ the applicant as a subcontractor and R. Conway stated that Ms. Taranovich is his mothers’ cousin and one of the applicants is a neighbor of his daughter. The Zoning Board of Adjustment agreed no conflicts noted.
J. Biasuzzi stated that the property was in the Commercial – Rural and Rural Zoning Districts and that the application was for a conditional use with no expansion to the building and that there would be outside concrete storage bays added.
S. Markowski inquired if the items stored would be out of the ordinary for this type of contractor. J. Biasuzzi stated that mulch, top soil and loose agrigate would be stored in these bays. These structures are not roofed, however, are considered structures. The Town of Proctor is concerned with the possible runoff and one neighbor called to express concern with noise and light into the adjoining neighborhood.
Patrick Griffin, the engineer for the project was given permission to speak from Ms. Taranovich, made a presentation to the Zoning Board of Adjustment. Mr. Griffin explained that the landscaping company is looking to relocate to the property full time from Rutland. The Proctor Transfer Station has a legal deeded access through the property and the northern and western properties are residential. The only access to the property is along Route 3. There will be heavy buffering along the western area of the parking lot and along Route 3 boundary lines with trees. The outside storage bays will not have roofs and will be constructed of concrete waste blocks. The parking will be along thee front of the building with the seasonal employees parking along the gravel with some gravel being reclaimed in the rear of the building for the company vehicles and machines. The hours of operation will be from 6:00 AM – 6:00 PM, with the exception of snow plow operators. There will be less public traffic, possibly reducing the amount of traffic that frequented T & T Tractor. VTRANS will be requiring an access permit and there will be a necessary Act 250 amendment permit as the property was constructed in 1973. There are no storm or wastewater permits required.
Mr. Griffin continued by reviewing the Zoning Regulation Criteria for the Conditional Use permit. There will be no adverse impact; there will be no adverse impact on the community facilities; all rights to the property will be maintained. The Town of Proctor officials are concerned with diesel tank. The applicants agreed to work with the town on this concern. The Town of Proctor also asks that there be a secondary containment protocol for the pesticides. The applicants agreed to also agreed to work with the town on this concern; the character of the area will be continued use of the property; the traffic is anticipated to be a reduction and the employee arrival and departure times will be staggered; there is no impact on the By-Laws and Ordinances in force; there is no use of renewable resources.
S. Markowski inquired if the salt and sand shed could be located at the back of the property. Mr. Griffin explained that this placement was considered, however, the turning radius of the vehicles was a concern and this was not feasible with the existing footprint of the property.
S. Markowski reviewed the Site Plan requirements that appear in Section 1003. It was noted that there was adequate traffic access; there would be no pedestrian traffic; there would be handicap access available; the access will remain off of Route 3 with no change in curb cut; there is more than adequate parking and loading access per formulation in the Zoning Regulations; there was adequate landscaping/screening, which will be increased from what is currently in place.
R. Conway inquired if there would be a sign placed on the property. Mr. Griffin stated that there is a possibility of mimicking the current sign that is on the applicants property. There was discussion concerning the procedure of the sign placement.
There was no further discussion or questions.
R. Conway stated that the Town of Proctor concern of a fuel spill/run-off should be included in the permit as a condition.
Motion by N. Michael and seconded by E. Keith to approve the application as presented, with the condition that there be a State Regulated fuel tank on site. Motion passed unanimously 4 – 0. The Zoning Administrator was directed to issue the findings of fact and permit.
The applicants and interested parties exited at 7:39 PM.
J. Biasuzzi explained to the Zoning Board of Adjustment that the Fire Academy has constructed a burn building and has constructed a cement apron around the building, that was not included in the existing permit. The original permit was withdrawn. Following discussion, it was determined that there needed to be an amended permit application. J. Biasuzzi stated that he would communicate this with the Academy.
There was discussion on the Dollar General permit being withdrawn by the Pittsford BLS, however, the property owner would still like to construct a retail structure at the site. The permit is currently at the Environmental Court to make the decision as the Zoning Board of Adjustment has approved the permit at the town level.
Meeting adjourned at 8:25 PM.
Respectfully submitted
Kelly Giard, Recording Secretary
Following the seven day comment & review period by ZBA Members, the Chairman is duly authorized to approve these Minutes on behalf of the Zoning Board of Adjustment;
Approved this __________ day of October 2017, by:
___________________________
Stanley Markowski, Chair