TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, 5/27/2015, 7:30 PM
ZBA MEMBERS PRESENT: Dick Barton Helen Emick Dan Thomas
Roger Vaillancourt Greg Michalak
Brad Lawson, Zoning C.E.O.
Dave Stapleton, Attorney
Others Present: Buck Seekings Thomas & Trudy Reisenweber Dena Carlson
Adam Schmucker Peter & Rose Stark Noah Schmucker
Louis Rieg Laurie & Jim Wroda Lynn Way
In the absence of Chairman Levesque, Mr. Michalak assumed the duties of Chairman. Mr. Stapleton swore in all who expressed intent to speak regarding the application.
1. Noah Schmucker requesting a Special Permit to operate a discount grocery store at property owned by Jim Wroda and known as Wroda’s Auction, located in the C-1A District, at 2118 Magnolia Ave., Ashville, specifically Section 384.11-1-21 (old # 31-9-2).
Mr. Lawson gave background on the case before the board. Reference Minutes: ZBA 1/28/15; TB 2/9/15; PB 2/18/15; PB 3/10/15; TB 3/30/15; PB 4/14/15. He said Mr. Schmucker had come to him about opening a discount grocery store at the current Wroda Auction facility (old Ashville Fire Dept. Training Center). He said a Use Variance application had been submitted to the ZBA 1/28/15, and the application had been forwarded to the Town Board for possible re-zoning of that area. He said there had been lengthy discussion and the Town Board has subsequently forwarded the application to the PB for review and recommendation. The PB had discussion of establishing a C-1A overlay district for that area and there had been a SEQR and Public Hearing at which the C-1A overlay district had been adopted as a Local Law by the Town Board on 3/30/15 and filed with the NYS-DOS. He said Mr. Schmucker had been to the PB 4/14/15, for a site and storm water plan approval. He said that had been approved with conditions and Mr. Schmucker has submitted his request for a Special Permit under the C-1A conditions.
Mr. Thomas read into the record the C-1A District regulations, Article 4, Sec. 401A, of the Town of North Harmony Zoning Ordinance. The uses allowed in the C-1A District by right are 1) single family home; Uses allowed by Special Permit are 1) Corner Grocery Store (7,500 sq. ft. or less floor space) 2) Farmers Market 3) Antique Shop 4) Auction House 5) Artisan Shop 6) Arts and Crafts.
Mr. Schmucker agreed that his statements were subject to the laws of perjury and that his business plan remains the same. He indicated that the store would be open from 8:00 AM – 5:00 PM Mon. – Fri.; open Sat. from 8:00 AM – 3:00 PM; Closed on Sunday. There will be no additional lighting; free standing sign 3×4’ and directional signs for entry. Shrubbery will be planted for screening every 6’ of a height no less than 3’ tall not to impede view. Deliveries will be limited to 2-3 semi trailer loads every month at 8:00 AM and there will be no semi’s sitting in the area running at unusual hours. He said there will be no refrigeration on premise. No parking lot lights, but there will be motion security lighting outside the store. There will be a small generator inside that will vent outside and dumpsters will be outside with fencing around them for aesthetic purposes.
Concerns expressed by the neighbors were:
• Number of trucks delivering goods exceeding 2-3 per month
• Truck ingress and egress
• Trucks running at night (noise) and parking overnight at location
5/27/15 (Pg. 2)
• Expansion of list of Special Permit Uses in C-1A district
• Lighting in winter months being obtrusive
• Integrity of neighborhood will be lowered because of threat of property being an eyesore.
• Complaint about lack of door to door notification of neighbors of proposal
• Increase in neighborhood traffic and safety of children playing
The board addressed each of the concerns expressed and assured the neighbors that there are town and zoning laws that can be brought in to effect if there are issues or violations.
Mr. Wroda spoke briefly about his reasons for selling the building. He said they would like to expand the size of their business in the area but needed larger premises. He was not pleased that rumors indicated that he intended to let the property become an eyesore.
Mr. Michalak asked if there was any wetland issue with the property. Mr. Lawson said no. There was brief discussion of bonding for damage of roads. It was determined that this would not be a case where bonding would be sought. Mrs. Emick said she had spoken to Highway Sup’t. Strickland and he indicated that he will post Magnolia Road indicating no truck traffic. There was general concern expressed about the high number of semi trucks that route down South Maple which is a county road.
Mr. Michalak motioned to grant Noah Schmucker a Special Permit to operate a discount grocery store at property owned by Jim Wroda and known as Wroda’s Auction, located in the C-1A District, at 2118 Magnolia Ave., Ashville, specifically Section 384.11-1-21 (old # 31-9-2) as stated in the application and outlined in all previous minutes, with the following conditions:
• Hours of operation will be Mon.-Fri. 8:00 AM – 5:00 PM; Sat. 8:00 AM – 3:00 PM; Closed Sunday
• No operation between the hours of 6:00 PM and 8:00 AM (Mon. – Sun.)
• No additional lighting except the addition of motion sensitive lights on outside of building for security. Indoor lights are to be changed to solar LED style.
• Truck deliveries limited to 3-4 per month and no semi motors running during hours of non-operation
• No overnight parking of any vehicle
• No refrigeration
• All truck traffic will be routed from South Maple to Cedar (no trucks on Magnolia)
• No traffic on Cedar ROW
• free standing sign 3×4’ and directional signs for entry installed as stated in PB minutes
• Site plan as approved by the Planning Board to be strictly adhered to
• Allowance to be made for additional trucks for 30 days during initial store set up
• Application shall be reviewed for compliance in one year by the ZBA
Mr. Vaillancourt seconded. The motion was carried unanimously.
The hearing was adjourned at 8:45 PM.