Zoning Board Mintues
ZONING BOARD OF APPEALS MEETING
August 24, 2020
The Town of Royalton Zoning Board of Appeals Meeting was held on Monday, August 24, 2020 at the Royalton Town Hall, 5316 Royalton Center Road, Middleport, New York. The meeting was called to order at 7:35 PM by Chairman Philip Gow.
The following were present:
Chairman: Philip Gow
Board Members: Gregory Lindke, Michael Stefanie, Lisa Budde, Joanne Genet-Haseley
Absent: Carson Kelley
Other Officials: Mike Hartman, Code Enforcement, Tom Brandt, Town Attorney
Other Attendees: Jim Woodward, Michael Scharing, Kris Hagen, Mike and Tracey Murphy, Robert Hodge
There are two (2) Public Hearings on the agenda this evening.
TEMPORARY CONDITIONAL USE PERMIT-MICHAEL MURPHY-8860 HASELEY RD GASPORT,NY 14067
Chairman Philip Gow opened the Public Hearing to consider the application for a temporary conditional use permit to authorize the operation of a vehicle repair garage on property located at 8860 Haseley Rd., Gasport, NY.
Michael Murphy was present. His business was at 8834 Chestnut Ridge Rd for the past 18 years. He would like to move the business to his personal home on Haseley Rd.
Lisa Budde would like to set a limit for the number of cars allowed. Conditions from the previous TCUP from the November 2001 Zoning Board minutes were reviewed. There was a 24 foot by 40 foot garage to repair cars. Tom Murphy owned it. There would be no collision work. It would be in and out work. Waste oil and antifreeze was addressed. There would be 4 cars maximum and 3 personal vehicles. It would be mostly evening work. A small business sign is desired. The following month’s December 2001 meeting minutes approved unanimously a one year permit with 2 cars maximum and no work after 9 PM.
Lisa Budde would like it to be reassessed in 1 year. TCUPs are for one year. Phil stated that it will be relooked at in 1 year.
Michael Murphy stated that the waste oil is stored in plastic 55 pound drums and taken out. The antifreeze is also taken out.
Phil questioned the lighting. There is an outside light which is only used in the winter. There is no night time work. Hours of operation will be from 8AM-5PM.
Greg Lindke would like to see the same stipulations as the last permit. Phil stated there will be a 2 car
maximum and personal cars.
Mike Stefanie asked what the size of the sign is. Michael Murphy stated that it is a 6 X 3 sign that is
mounted to the building and is not lighted.
Michael Scharing, who is a neighbor living at 8840 Haseley Rd, is against the current volume of traffic
and feels that it is a dangerous circumstance. Michael Murphy said he is not working there yet so the
traffic is not due to his business.
Kris Hagen, a neighbor who lives 2 doors down from Michael Murphy, said he has no problem with the
business. He has lived there for 18 years and Michael is a great neighbor.
Mike Hartman stated that any time there was a complaint about the business he spoke with Michael
Murphy and he rectified it almost immediately. He kept track of the business.
Robert Hodge is happy with the stipulation of limiting the number of cars allowed there and that they
will revisit it in a year to see if there are any issues. He has no problems with it.
A letter was submitted to the Zoning Board secretary by Robert Hodge in support of the business as long
as there is a limit on the number of vehicles and it is revisited in one year by the Zoning Board.
Robert Hodge asked what temporary means. Phil Gow explained that it means a specific period of time.
It is not a forever thing. Zoning area of business is acceptable and it goes on forever. In this situation an
accepted practice for that area at a certain time will follow with the conditions set.
Phil received a letter is support of the permit from Carson Kelley.
Robert Hodge also asked what is a SEQR? Tom Brandt explained that it is a Short Environmental
Assessment Form that the state requires to see if there are any environmental issues. The land cannot
be disturbed.
The SEQR was reviewed and passed with a negative declaration. There is no adverse environmental
impact. Phil Gow closed this portion of the meeting.
Joanne Genet-Haseley made a motion to approve the negative declaration and this was seconded by
Michael Stefanie. All were in favor.
TEMPORARY CONDITIONAL USE PERMIT-MICHAEL MURPHY
On a motion made by J. Genet-Haseley to approve with the same stipulations as the current permit,
seconded by L. Budde, the following was
ADOPTED AYES 5-P. Gow, M. Stefanie, G. Lindke, L. Budde, J. Genet-Haseley
NAYS 0 MOTION CARRIED
Resolved to authorize the Temporary Conditional Use Permit for Michael Murphy, 8860 Haseley Rd.,
Gasport, NY to authorize the operation of a vehicle repair garage with the following stipulations:
No collision work, waste oil and antifreeze removed, a 4 car maximum, no work after 9 PM, and no
motor changes or inspections.
Phil Gow closed this portion of the meeting.
SPECIAL USE PERMIT-ECO-SITE II,LLC-9921 LEWISTON RD., MIDDLEPORT, NY 14105
Chairman Philip Gow opened the Public Hearing to consider the application for a Special Use Permit to
authorize the construction and operation of a telecommunication facility(cell tower) including a 155 foot
monopole with related radio equipment, inside a 75 foot by 75 foot fence compound, on property
located at 9921 Lewiston Rd., Middleport, NY.
The project came back from the Town Engineer. Zoning drawings were received and submitted.
Jim Woodward was present and is representing Eco-Site II LLC and Verizon Wireless who is the anchor
tenant. It will be a 4 carrier pole designed to handle 4 carriers. This will cover the Town of Royalton and
an area around Lewiston Rd. This will offload the Royalton Tower and improve coverage in that area
and the Town of Royalton. The Royalton Tower is 5 miles away and is maxed out with capacity. The
new tower will be located approximately 800 feet from Lewiston Rd. The National Grid transmission line
is perpendicular to Lewiston Rd. The tower will be beyond that and 160 feet away from it. It will not
interfere with those lines. They addressed the 2 concerns that the Town Engineer had with security light
for equipment and gravel for access road specifications for the NYS DOT. They are applying for a
driveway permit. There will be a locked gate off of Lewiston Rd.
Tom Brandt asked how long it would take to put up the cell tower. Jim said it would be approximately 1
month from the time they get the permits that are required. The company is anxious to get this one up
and interested in offloading the Royalton Tower. He will be submitting for the building permit within 2
weeks.
With no questions or comments from the board or public, Phil Gow closes this portion of the Public
Hearing.
Both the short form SEQR and long form are reviewed by the Zoning Board.
Joanne Genet-Haseley makes a motion for a negative declaration for the SEQR and it is seconded by
Greg Lindke. All are in favor and motion carries.
SPECIAL USE PERMIT-ECO SITE II LLC
On a motion made by L. Budde, seconded by J. Genet-Haseley, the following was
ADOPTED AYES 5-P. Gow, G. Lindke, M. Stefanie, L. Budde, J. Genet-Haseley
NAYS 0 MOTION CARRIED
Resolved to authorize the Special Use Permit for Eco-Site II, LLC, 9921 Lewiston Rd, Middleport, to
permit construction and operation of a telecommunication facility(cell tower) including a 155 foot
monopole with related radio equipment inside a 75 foot by 75 foot fence compound.
Phil Gow closes the Public Hearing.
Phil Gow opens the regular meeting and asks for a motion to approve last month’s meeting minutes.
L. Budde makes a motion to adopt last month’s meeting minutes and approve them, seconded by J.
Genet-Haseley.
There is no old business. The only new business was the 2 Public Hearings for Michael Murphy and Eco-
Site II,LLC.
Correspondence: There was an email sent to all Zoning Board members for County training sponsored
by the Association of Towns and the New York Planning Federation that is scheduled for Friday,
September 25th from noon to 2PM. This is a free webinar.
Mike Hartman can put together an in house training with approval by the Town Supervisor.
Good to the order. L. Budde makes a motion to adjourn, seconded by G. Lindke. Chairman Phil Gow
closes the meeting at 8:24 PM.
Jennifer Donner,
Zoning Board Clerk