I have no problem, with the use, but if the use is not permitted in the ordinance it would need a USE permit. With a use permit you have to meet several criertia, one is,,,,, Is this a self created hardship,,, If it is, then the zba CANNOT grant the variance(New York State regulations) the self created hardship means that when you purchased the property, you knew or SHOULD HAVE KNOWN, it was not a permitted use. The only way i see this being permitted, is to ammend the ordinance to include the use as a permitted use in that district. This also means that anyone an industrial zone in the town could apply and should be granted the same,,,,,,,,,,,,,,,
Group of Le Roy residents upset with sale of old town dump to company for recycling facility
Submitted by Howard B. Owens on June 13, 2014 - 3:35pm
A year ago, Town of Le Roy officials took a look at 118 acres of land on its books and decided the town really had no short-term nor long-term use for it, so they decided to put it up for sale.
That decision came under fire from about five local residents at the town board's Thursday meeting.
The parcel is being sold to Zoladz Construction Co. for $95,000. Zoladz plans to open a facility to recycle municipal green waste and concrete from reconstruction projects.
Neighboring landowners are concerned about the noise, the dust and the possible pollution.
"We don't dispute your right to sell it," Thomas Ryan said. "It's who you sold it to."
Supervisor Steve Barbeau spoke at length about the history of the property and the decision to sell it. He said the sale was advertised in the Le Roy PennySaver and the Genesee Valley PennySaver and he wrote about it in his column for the Le Roy PennySaver.
In the end, only two potential buyers came forward: One offering about $40,000 and Zoladz.
The lower bid came from an outdoor club that would have used the property for hunting.
Town Attorney Reid Whiting said the town tried to convince the club to increase its bid, but the club leadership said that just wasn't possible.
The board didn't act on Zoladz's offer right away. Instead, Barbeau took the issue to the Le Roy Business Council for advice and feedback.
Members there, he said, supported accepting the higher bid from the commercial business, getting the property back on the tax roles.
The board held another public meeting about the issue and then decided to accept Zoladz's purchase offer.
It's still not a done deal, Barbeau said, and even once the property is conveyed to Zoladz, the company must still seek DEC permits and get zoning approval.
While the property is in an industrial zone, the list of permitted uses in Le Roy's industrial zone doesn't include green waste and concrete recycling. The company will need a variance for such an operation, which must be approved by the Zoning Board of Appeals and the Town Board.
The parcel is located off Neid Road, just north of Gulf Road, in an area dominated by Hanson and Dolomite quarries. It's near the Lehigh Railroad derailment site, which Barbeau noted the town got an unrequested reminder about a couple of years ago.
Tom Dintruff and other neighbors raised concerns about possible pollution at the site.
At one time, the site was a quarry, then in the 1940s, it became a town dump. In 1979, a fire shut it down.
The fire burned for 10 days with various fire departments dumping water on it to try and control it, Dintruff said.
Dintruff said one local business owner advised against even trying to put the fire out, especially with water.
"You don't know what's in there," Dintruff said the man told town officials. "He wasn't saying it's a mystery. He was saying he knew what was in there."
The land has been unused and unoccupied since.
Ryan, Charlie Miller and Keith Maxwell raised concerns about truck traffic and noise.
Ryan said when he bought his land, it was with the belief that the old town dump would never be used again because of the environmental issues.
"I wouldn't have bought my place if I'd known there would be trucks running up and down my front yard," he said.
The roadway into the dump is just 55 feet from the front of his house.
He added, "Neid Road is already starting to crumble. There are no shoulders. I don't think it's set up for industrial traffic."
There was no resolution to the issue for the local residents last night and no promises were made by the board regarding future actions.