Meeting Minutes : Zoning Board of Adjustment Minutes – 8/2/21 – Draft

TOWN OF PITTSFORD

ZONING BOARD OF ADJUSTMENT

August 2, 2021

DRAFT 

 

Zoning Board of Adjustment Members Present – Stanley Markowski – Chairman, Rick Conway – Vice Chairman, Clarence Greeno, Dan Adams, Nicholas Michael, Ed Keith, and Charlie Simpson.  ABSENT:  Rick Conway.  Others present:  Reg Charbonneau, Chuck Charbonneau, Jared Blake, Atty Matt Hart, Jill Markowski, Greg Boudah, Barbara Cosgrove, Peter Cosgrove, Travis Bovey, Erica Bovey, Brad Keith, Jeff Biasuzzi – Zoning Administrator, Kelly Giard – Recording Secretary.

S. Markowski called the hearing to order at 8:45 PM.

Chairman Markowski read the agenda and the warning for application 21-35.

S. Markowski swore in Atty Hart, Travis Bovey, Jill Markowski, Greg Boudah, Barbara Cosgrove, and Peter Cosgrove.

The Zoning Board of Adjustment members reviewed the site plan and application.  J. Biasuzzi stated that the aerial view that was presented was prior to the current site layout, which includes the fabric and frame structure.

Atty Hart, who was representing Boondock Motors, stated that this permit was to bring the facility into compliance, with the permit that was issued in 2017.  Mr. Bovey has stated that his business has grown and the building was completed in 2018 with a total of 6 bays between the structures.  The business is largely towing, repair of vehicles, storage of “junk” vehicles that have mainly been involved in accidents.  The accident vehicles are usually onsite for 24 – 48 hours, depending on insurance adjusters.  There are also abandoned vehicles on the property and are held to the state statutes and mandates.  The state law is 30 days before consulting the state for a 30 day hold for an abandoned title to be issued.  Mr. Bovey tows for AAA and calls come in day and night.  Mr. Bovey currently employs 18 employees total with 5 – 6 employees holding tow vehicles at their personal residences.  Mr. Bovey stated that his employees park their personal vehicles on the other side of the road, which is land owned by OMYA.  The land that surrounds the property is leased on an annual basis from OMYA.  Mr. Bovey stated that OMYA supports Boondock and is willing to work on the fencing.  Mr. Bovey stated that the tow trucks are not kept on site and agreed that some vehicles are dropped at the yard at night.  Mr. Bovey stated that the thoughts of the fencing is to use chain link fence with screening and a rolling gate.

J. Biasuzzi stated that there are 2 maps in circulation, 1 includes wetlands and the other outlines the proposed fencing.  Atty Hart requested that the map with the fencing proposal be entered into testimony as Exhibit ‘A’ and the application as Exhibit ‘B’.  The Board accepted these documents.

Travis Bovey stated that he resides at 670 Hollister Quarry Road, Pittsford (with a mailing address in Brandon).  Mr. Bovey stated that he purchased the family home in 2009 and his father formerly had a trucking company at the site, which consisted of 4 log trucks.  Mr. Bovey stated that his father no longer drives for the business.  Mr. Bovey stated that the original house burned in 2012 and he rebuilt.  The current garage was not involved in the fire.  There is 1 large and 1 smaller bay in the garage.  Mr. Bovey stated that he was in partnership when the business opened in 2009 with additional employees and the business was an auto repair and body work shop, which has grown every year.  Mr. Bovey stated that he was issued a conditional use permit in 2017 to remove the building and build a 4 bay garage with an office.  Mr. Bovey stated that the 2017 permit was for inspection, towing and repair.  The partnership has dissolved.  Mr. Bovey stated that Boondock Motors currently has a fleet of 16 total trucks.  The larger trucks are only in for repairs and the tow trucks are kept at the employees home.  Mr. Bovey stated that the accident call vehicles are returned to the Boondock property, the customers have the choice of where the vehicles are repaired.  Mr. Bovey stated that there were 48 vehicles on the property currently, that do not include the employee vehicles.  Mr. Bovey stated that he is not looking to expand the business and has no issue to place a fence, which is supported by OMYA.

N. Michael inquired the height of the fence.  Mr. Bovey stated that the fence would be between 6 – 8’ high with green screening.  Atty Hart stated that the fencing would consist of whatever material is available due to the global material shortages.

D. Adams inquired the use of the bathroom.  Mr. Bovey stated that this was an employees only bathroom.  Atty Kupferer inquired if the waiting room had a bathroom.  Atty Hart stated that the bathroom in the waiting room can be used by customers.

Atty Hart stated that he is working with the State regarding the Wastewater Permit.  Atty Kupferer inquired if there was any information available with regard to Act 250.  Atty Hart stated that this was on file with Atty Goss and Atty Hart will request this information.

Mrs. Cosgrove was present and read a letter, which was submitted into evidence as Exhibit ‘C’.

Mr. Cosgrove was present and read a letter, which was entered into evidence as Exhibit ‘D’.  Mr. Cosgrove stated that he had a traffic study, which was discussed.  J. Biasuzzi stated that there was a request for VTRANS to place the traffic counter in the area.  Atty Kupferer stated that the private traffic study was not acceptable, however, the photos, letter and letter to the Zoning Administrator were entered into evidence.

Jill Markowski stated that she rents from OMYA and feels that the system has failed.  Ms. Markowski stated that this is a grown business, which is encouraged, however, would like the permits to be followed and feels that Act 250 is an oversight on this property.

Ms. Markowski stated that she has witnessed trucks loading and unloading blocking the road.

Greg Boudah, who resides at 411 Hollister Quarry Road stated that there is a lot of noise from 4 wheelers, dirt bikes and spinning vehicles.  Mr. Boudah stated that the permits are being violated.  Mr. Boudah stated that the employees use the garage after hours.  Mr. Boudah presented his May 26 letter for Exhibit ‘H’ into testimony.  Atty Hart objected.

J. Biasuzzi stated that the 2017 permit stated that there was no sewer in the 3 bay garage.

Atty Hart stated that the 2017 building was replaced with a trailer in the area, which the bathroom was using the existing septic from the house.  Mr. Bovey stated that they used the old footprint to build the current structure.

Mr. Boudah stated that there are dirt bikes and 4 wheelers that race up and down the road.  Mr. Bovey stated that these do not originate at the Boondock property and has nothing to do with the business.

Motion by C. Greeno and seconded by D. Adams to recess the hearing to August 23, 2021 at 7:00 PM..  Motion passed 6 – 0.  C. Simpson reclused.

 

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 August, 2021 by:

___________________________

Stanley Markowski, Chair