The Journal Register (Medina, NY)

Local News

June 29, 2012

Crossborderissues

Medina Journal-Register — The Orleans County Planning Board tackled a pair of jurisdictional entanglements Thursday in addition to reviewing a series of plans for special use permits for businesses and recommending approval of a planned wind turbine on a Yates farm.

The board tabled a recommendation on the rezoning of a Million Dollar Highway property that was sent to the county by Ridgeway earlier this month, citing a lack of clarity on whether the property is adjacent to the zoning designation it’s owners seek to join.

11773 Million Dollar Highway sits in a light industrial district, but the property has a house and agricultural fields that have been in place for generations. Ron and Sharon Schimmel said earlier this month that they are requesting a change to rural residential status, as their efforts to sell the property are hindered by the current zoning. Banks are unwilling, they said, to offer a housing loan for a residence in an industrial area.

Ridgeway’s town board supported the move, but the planning board’s maps have the property surrounded by the light industrial zone on three sides and a general business zone to the south. Senior Planner Jim Bensley said that a non-contiguous rezoning would be spot zoning, but it’s possible that the rezoning of two parcels next to the property could alleviate that issue.

Planning Board Chairman Brian Napoli, also the Supervisor of Ridgeway, said a rezoning of the extra parcels would be fine with the town, which underwent a similar process for a business area on Ridge Road.

But the whole issue could be moot. Bensley said the planning department’s zoning map may be in error, as it appears to contradict Ridgeway’s records.

In the case of a proposed garage on East State Street, the issue lies more with municipal lines than zoning districts.

Kevin Lemcke, whose house sits on the last parcel within the village of Albion, is requesting to construct a simple garage on the adjoining property he owns. That property is in the town, where the zoning ordinance requires a primary structure on the property before an accessory structure, like a non-connected garage, is allowed.

Albion Code Enforcement Officer Dan Strong said the town-portion of the property had previously had a larger garage, but it was taken down in March due to disrepair. The new garage would hold household maintenance equipment, and the official report on Lemcke’s application says the construction “would not appear out of character for the neighborhood.”

Confusion over how to consider the proposal gave way to a consensus that the county could recommend approval pending a commitment that both properties continue to have common ownership. There were concerns that such an add-on was ironclad, but an additional variance request to build on the property, which has frontage one foot shorter than the required 100 ft. was not questioned.

The planning board looked at a dozen requests that had pilled up since the board’s last meeting in March. 

They recommended approval at the town level for an area variance and site plan review for Environmental Construction Group’s proposal to add an outside entranceway at their Route 31 West business, located in the former Helix building in Albion; and recommended approval of Tommy Rushing’s plan to open a small gun store in his North Gravel Road residence pending safety for the roadway and secure storage for the hunting firearms he intends to start his business with.

A proposal by Harlan Stauffer to install a 92 ft. wind turbine to provide compressed air to his Yates farm and residence received the board’s recommendation. Board members said the plan met the standards set by the town, and only came to the board because a county road is nearby.

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