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HomeMy WebLinkAbout2016-06-01TOWN OF GROTON ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes -Wednesday, 1 June 2016 - 7:30 PM Groton Town Hall Court Room - 101 Conger Boulevard -Groton, NY Board Members (*Absent) Ted Schiele, Chairman Officer *Paul Fouts Patricia Gaines Carolann Darling Daniel Cerretani Others Present Rick Fritz, Code Enforcement Don Scheffler, Town Supervisor Victoria Monty, Town Attorney Sheldon Clark, Town Councilman Applicants & Public in Attendance Erich & Mary Sue Haesche, Appellants; Attorney John A. DelVecchio; Leah, Jeremiah & Levi Haesche, Marian & George Haesche, Susan Buyke, Bob & Sharon Fouts, Mark Emeno, Joan 8v Peter King, John A. Beck, Joni & Alan Parker, Darcy(?) & Matt Sawyer. PUBLIC HEARING Erich & Mary Sue Haesche, Appellants/ Reputed Owners - 93 & 97 Ogden Road - TM #s 28.-1-34.304 - Use Variance - Warehouse Facility in M2 District The Public Hearing was opened at 7:30 p.m. by Chairman Ted Schiele who read aloud the Legal Notice as duly published in the Finger Lakes Community Newspapers on 25 May 2016. Proof of Publication has been placed on file for the record. Those ZBA members present introduced themselves. Chairman Schiele acknowledged that all required fees had been paid. Mr. John Beck complained that he could not hear what was being said and promptly picked up his chair in the audience and placed it at the Board's table. Chairman Schiele asked the appellants to explain to everyone present what they proposed to do, the Board would then ask questions of them (with no public comments), and then the public would then make their comments. He then asked Mr. Beck to put his seat back in the audience and responded as follows: Mr. Beck: Can I comment? Mr. Schiele: No, not yet. Mr. Beck: How long do I have to comment? Mr. Schiele: we will let you know - you will have three minutes, but it's not time to comment yet. Mr. Beck: Three minutes? Mr. Schiele: Three minutes. The comments will be three minutes. Mr. Beck: Can't I have five minutes? Mr. Schiele: No, sir. We're........ Mr. Beck: Listen, I took this Town of Groton to court and they violated my constitutional rights, freedom of speech, and I just request five minutes to talk. Page 1 of 12 Town of Groton ZBA Public Hearing/Meeting Minutes 1 June 2016 Mr. Schiele: Well, sir, you're out of order right now because it is time for the Haesches to speak. Mr. Beck: Will you give me five minutes? Mr. Schiele: I will give you three minutes, sir. Time is ....... Mr. Beck: Well I won't - you tell me when I can speak and I will read this fast. Mr. Schiele: Okay, sounds like a deal. Mr. Beck: But I think this is still communism. I'm not getting my freedom of speech. Mr. Schiele: Would you please take a seat in the audience? Would you please take a seat with the other...... Mr. Beck: I'm sitting up here because I cannot hear. Mr. Schiele: I'm sorry, sir. Mr. Beck: All right. I'll take a seat back here but I can't hear anything you say. You oughta have a microphone so people can hear you. Mr. Schiele: We'll look into that. Thank you. Mr. Beck: This is just plain communism. Mr. Schiele: Okay. Mr. and Mrs. Haesche, you can come on up ... to make sure we have it on the tape. So what we're asking is if you could just explain what the issue is, and why a variance is needed. We are allowed to ask you questions here, as the Board, and I think we probably will have some questions and so go for it. Mrs. Haesche: I have a letter.... Mr. Schiele: However you want to go for it. Mrs. Haesche: I do have a letter and I would like to address the complaints because not only - is this the only time to address the complaints that were also filed against us? Mr. Schiele: No, I think what we need to do right now is talk about the issue and what it is that we're all here for. Mrs. Haesche: Okay, that's fine. Erich started his business in 2010 and he's been selling, he goes, he works as a salesman. He goes from farm to farm, trucking business, whatever, and that's what he does for a living. We've been storing things on our property so that he doesn't have to have everything drop -shipped to the customers or so that he can have some stock so that if they need something quickly that they can, he can bring it to them. So basically the business is sales. He's gone door-to- door from the beginning and that's basically how we do have a website and it's mostly informational and then people can contact him through that and he can either direct them to the proper venues or whatever. We don't do telemarketing. He does, I guess, it would be direct sales. And so the storehouse is ... cold storage. . . for some of the products that he sells. I understand that the zoning was changed in 2010 or 2011 and so that doesn't allow for as far as the land use goes, it doesn't allow for things like warehouses. Mr. Schiele: So I guess we have some basic questions and everybody should feel free to jump in. I know everybody, except for myself, has been to your property, we've talked to everybody, and so there has been communication and people may have Page 2 of 12 Town of Groton ZBA Public Hearing/Meeting Minutes 1 June 2016 gotten information that I was not able to get. I was not able to get there. So I appreciated the invitation, did receive the invitation. A couple of questions that I have are when you started the business, did you have an existing building that you used to store your materials? Mr. Haesche: Yes. Mr. Schiele: And that was at your property at 93 Ogden? Mr. Haesche: Yes. Mr. Schiele: More recently, when was it exactly that you then you have a new building, I've seen a picture of it and it's been described to me in blooming detail it sounds fabulous. When was it that you built the new building and, more particularly I guess, when was it that you occupied the different parcel? So it was started in 93 Ogden and now it's 97. So I'm wondering what the timeline for the building and the moving to the new parcel was? Mr. Haesche: It was built in 2015 in the summer and we started using it right off the bat. Mr. Schiele: Okay. And so it was built in 2015 and that was at 97, correct? Mr. Haesche: Yes (nodded head in the affirmative) . Mr. Schiele: And were you aware at the time that it was a different parcel? I mean I assume that you own both those properties, but you are aware that it was two different ... properties? Did you apply for a Building Permit at that time? Mr. Haesche: Yes, in 2015. Mr. Schiele: Okay. And who was the Code who did you apply for? Mr. Haesche: It was Gary Coats. Mr. Schiele: It was Gary Coats. Mr. Haesche: Can I have a suggestion? Mr. Schiele: Absolutely, go for it. Mr. Haesche: If I present my side then probably the questions will be answered, and it might be redundant for you and save time. Introduction and purpose. Erich and Sue Haesche are the owners of 93 and 97 Ogden Road in Groton, and we have been asked to request a Use Variance for the properties with a new building built in 2015 for the purpose of storage of items that we sell on the road, delivering to customers at their locations. Safety. I have written a letter to the Town of Groton requesting that a police officer be present for the safety of everyone at this meeting. In the past month since the only complaint was voiced, strange events have been going around that neighborhood and the sheriff thought it would be best to make a visit. I don't see an officer here. Mr. Schiele: I was unaware of that so I don't know. Mr. Haesche: Property history. In 1996, my parents, George and Patricia Haesche, bought the 93 Ogden Road property for their residence. The hill was just being developed and theirs was one of the first homes on top of the hill. The next three years, others moved in. They also put up trailers on one property in the years to follow. There were some neighbors who were problematic with junk, trash, and ... drugs, mischief in the neighborhood and many small shacks. Over time my father, Page 3 of 12 Town of Groton ZBA Public Hearing/Meeting Minutes 1 June 2016 George, bought the properties of 97, 101, 105, 115, 193 and 123 Ogden Road down a hill eastward toward Route 222, cleaning up the properties, fixing them up, and renting them out. George built a home in the `80s for himself on 119. Sue and I moved into 93 after we were married in 1996. Business description. We started a business with a dba of Lubricants & Fuel Solutions in 2010 with Erich as the sole proprietor. We sell pre-packaged lubricants, antifreeze, tanks and related equipment and products mostly to farms and highway departments in about ten counties in New York State. Many bulk items and other items are delivered straight from the manufacturers, and some of the smaller items and backup products are delivered by us from our garage/barn. We do not have a storefront or anyone wait on customers. I am on the road, generally, five days a week from about 5 to 7 a. m. to 7 to 9 p. m. This business was begun and continues to operate without any government subsidy. Creating jobs. We cannot do this alone. In the past six years, we have grown and have two deliverymen who deliver from another warehouse, office staff, and we have help to oversee seven other salesmen. We are currently looking for two other salesmen, saving the taxpayers money. We sell high quality lubricants to towns, counties, and highway departments, saving them money on product payments and labor. One of our customers is a large highway system which tested out 24 lubricants and chose ours. They have been very happy with the longevity of the product and equipment, saving taxpayers approximately $20,000 a year only on one product. The history and use of the building on 97. In 2012 we approached the Town of Groton Zoning Officer Gary Coats about erecting a building for storage of items for our business. He was very helpful and, in 2015, we finalized our plans and received a Building Permit from the Town of Groton to build a 30 by 60 pole barn on the back of 97 property that had a vacant mobile home in the front. In the summer of 2015, the building was erected and cement floor was poured with the outside of the building being finished in the fall. We have the finish work and the sides complete at the time as money and time permits. From the road it is very hard to see the building. There is only one place that, if you look in the right direction, you will see it. The current Zoning Officer, Rick Fritz, did his final inspection last winter and we received a Certificate of Completion. In April of this year, Rick called and told me that our neighbor had complained and here we are being requested to apply for a Use Variance due to a possible zoning error by the previous Town of Groton Zoning Officer. I'd like to note here that, prior to the above phone call from Rick, no one from the Town of Groton, neighbors, or anyone hinted of objects to what we were doing, but received only encouragement to move forward. The only thing that Gary said was that he did not want to see signs which was already in our plans. From the beginning we did, and continue to do, what is asked of us by the past and current Zoning Officers. I believe, even though we're asked to apply for a Use Variance, we do not need to because this business was started in 2010 before the 2011 zoning which, I understand, Joan King was at the meeting objecting to the new zoning change. Under that zoning regulation in 2010, having a business like this is permitted. Because of such, I'm asking that this request for a variance be considered or that the Zoning Board of Appeals make a recommendation to change the zoning back to pre -2011 zoning as stated in the Code official report of all the properties between 93 and 123 Ogden Road which is all currently owned by George, Erich and Sue Haesche to be reinstated as an RA district. One could assume that when contacting the Groton Town Zoning Officer for a new building or a business that the officer would know what is permitted and what is not and how to go about it, so there is a high level of professional trust when speaking with the Zoning Officer that what he says is the way it is. If the Zoning Officer had told me from the beginning that this was not permitted, I would not have pursued this project at all and would have had the opportunity to look for other options. That opportunity no longer exists. On 9/17/12, in an inspection report, it will say that we are running a non -retail business here. On 5/21/15, we were given a Building Permit for a storage building/ garage. On 1/ 14/16, on the inspection report, the use and occupancy was checked off as business. There was never a time since 9/17/12 when we were not running a business which we started in 2010 at this location and out of a new building as part of that. Secondary options. If we will not be able to use this building as noted above, we have no use for the building. It was designed for storage of products and would be Page 4 of 12 Town of Groton ZBA Public Hearing/Meeting Minutes 1 June 2016 hard to try to convert into anything else. We have a 30 by 50 garage behind our house which is more than adequate for our use. We have invested all of our money and borrowed money to build this building, so it's not like we can just pick up and build again or buy or even rent another building for our use. If we can't use this building, we have actually wasted more than six months of work, the cost of the building payments, and the Building Permit, the increase of property taxes, so financially this is favorable for the Town of Groton that's devastating for us. It's not like we can find another place in the Town of Groton. We'd have to move out of town, but we have no money for this. Consequences of being removed. As a small business owner, I work almost as many hours a week as many farmers do. I'm looking forward to the day when I can more than minimum wage. Prior to this prior to when the business was started in 2010, I was unemployed and we were on welfare, dealing with a child recovering from cancer. After starting the business, we were still on welfare, but decided to discontinue to provide for ourselves. It simply boils down to: if we're not able to use this building, we would likely find it necessary to close the business as ... starting over would be cost - prohibitive. The resale value of the property is likely much lower than the investment because of its design. It is undesirable for a typical residence use while designed to function for the warehouse. While I have a credit score of over 800, we have no savings nor investments and would likely have to close the business. In doing so, we'd have to take a hard look at filing bankruptcy. This business has very little profit even if the margins are small, but we are able to be stable with hard work. Addressing the accusations. Let it be known that even though we have our differences with Peter and Joan King, in some ways they are good neighbors. For example, if you visit their home, it is attractive . . . , they keep the place neat and you can see that they have interests in gardening, trees, and other things that you might see around someone's home. They are the type who like to keep to themselves for the most part, not much different from us in those ways. I've been counseled to demonize them, which I'm not going to do, but I will state the truth. Our neighbors have told me that the Kings have visited them, wanting them to sign a petition against us. And from what the neighbors have said, there was a lot of twisting the truth, misinformation, and outright lies stated by the Kings. I would like to know if the neighbors would sign the petition after they hear the truth. I doubt it. I would like to know if the neighbors would sign a petition, excuse me, it would be very embarrassing for someone to sign a petition who did not know all the correct information. The Kings have never inquired of us about what we're doing with our building on 97, two properties away from them. So I'd like to address their accusations one at a time, but only the occupations that apply to this property use. There are many more. Joan, who filed the only complaint, does not own or rent any property on Ogden Road or the Town of Groton. First, the only way for them to see the building is for them to go out back on their lawn because our garage and their trees block the view. Second, it is being spread that we have tanks of gas sitting out back; false, we have empty tanks out back to sell. However, we had them removed to avoid untruths from Joan about them. Lubricants & Fuel Solutions has not and will not sell any type of fuel nor store fuel for any reason. Note, these are UL -listed tanks and are not regulated by the DEC, DOT, or EPA, and these agencies have no jurisdiction over tanks that are not in service. She used the word "unprotected." This word is out of context and has no meaning. She also has accused children firing weapons next to large white tank. We never had large white tanks and the kids have never been shooting at our near any tanks. Yes, they do target practice with their BB guns, shooting south. It is plain to see by the complaints from Joan that she does not know our business as well as she proclaims. We actually assist highway departments, heavy equipment operators, farms, etcetera, in safe fuel and parts storage and usage. I'm giving a lecture this month on safety pertaining to lubricants and fuel. We work with the DEC, the DOT, and the EPA, manufacturers and industrial leaders, on compliance for our customers. Third, it is said that we are a hazard for fire and chemical spills. That's unfounded. I've never heard of an auto parts store, a warehouse like ours, or a store like Walmart catching on fire or having spill problems due to products like ours in storage. Page 5 of 12 Town of Groton ZBA Public Hearing/Meeting Minutes 1 June 2016 Actually, it's safe enough for all these type of stores and our children to be around items and garden chemicals which we do not sell and they do have a safety issue. The items we have are stable and are not regulated and are allowed to be in schools, nature preserves, government buildings, transportation over waterways. The building is designed with an interior dike/ containment for over 1500 gallons which is not required by zoning or a law. Plus, most of the items we sell are double -packaged in small quantities so they can be handled and stored easily. If one would look at who is commonly having fire problems, it would be highway departments and farms. In our service area, there must be over ten highway departments in the last ten years that have had fires, and when there was a fire, all buildings are usually destroyed along with trucks and all. And farms are no different. I know of many farms that have had fires. Does this mean that we should not have highway departments or farms? Fourth, complaints (were) broadcasted that we are going to or could contaminate their well water with a chemical spill. That's very imaginative. If we used the same logic that Kings have their well less than eight feet from their garage, whose garage doesn't contain chemicals, paints, fuel cans, etc.? So for something would have to travel better than 250 feet over land, uphill, and around the garage to reach their well vs. eight feet from their own garage. Sounds very distorted and unbelievable. The rainwater on 97 property runs east, not west. Fifth, Joan complained that our new lights for the building are aimed at their property; false, the light pole of lights are directed toward the building, away from the King's property, but the lights have never been hooked up. Sixth, Joan complains that we have deliveries on the road and we block traffic getting through. Yes, it is true. About once a month we receive a delivery on the road, but never have we blocked traffic or had any other problems. Last year, we contacted Rick Chase, the Town of Highway Superintendent, twice about widening our back driveway entrance because every time I drive in or out, it's too tight. A month ago, I called Rick and left a message but he did not return my call. When I tried to catch up with him recently, he was out. I am working on it. But it is okay for Peter King to park his tractor trailer tanker with chemicals on the road, day or night; for example, last Friday night. Seven, Joan likes to use the words that sound horrible, like chemicals and hazardous. Many people may not realize this, but everything is hazardous. Our most dangerous chemical that we have is a pallet of a chemical that has killed more people than anything else combined and has blown up buildings; ... chemical is water. Everything that exists is either radiation, electrical, or chemical. From what Joan has stated against us, we can see that she is quite ignorant about this. . . .words like hazardous, biodegradable, waste . . ., toxic, etc., are being redefined every year. So what is being considered hazardous in the past may not be hazardous today. We have nothing that is listed by the government as hazardous on the forms that we have. If we did, we would receive paperwork that complies with the DOT Hazardous Material Regulations, HMR, titled 49CFR Part 100 to 185 each time we had a delivery of that type of product, and we don't handle anything that is a waste product. We have, onsite, MSDS sheets for all the items we stock or sell. Eight, Joan is claiming increase in road traffic; false, actually before we started this business I was self-employed in construction and odd jobs. Using this is my home base, I was driving in and out throughout the day. Ninth, Joan wrote did not realize what type of business this was until two weeks ago when I looked on the website. By her own words, she did not realize for six years we were running a business here, storing of items in the garage. That's the whole point. We were not disturbing the neighborhood, and this was coming from an overly concerned neighbor listening for something to criticize. Ten, in her desperate attempt to make us look bad, Joan is telling people that we don't have ventilation or fire extinguishers. I would like to know how she knows what we have or don't have in the building. We do not need any ventilation; there are no smells coming from the product or equipment, but as you can see from the pictures we have two four -foot fans on the roof which are placed there for human comfort/ cooling, not for air exchange of odors or personal safety. Actually, fans can be a fire hazard. We have two common 10-1b. fire extinguishers in the building along with an alarm system. Eleven, Joan is making accusations that we sell items over the internet and phone. That's not a zoning issue. She would need to take it up with the FTC and the FCC. But for the record, we have never sold items via the internet and we don't man(?) a telemarketing business. This is whole is bigger than a building and what we're dealing with here. When the Kings Page 6 of 12 Town of Groton ZBA Public Hearing/Meeting Minutes 1 June 2016 moved next door, my father and Dave did not get along and the Kings soon included me which I was young at the time and had nothing to do with their differences. Over time it grew to what it is today. So this complaint is just a smokescreen for their hatred for us personally over the past 20 or more years and they're using the Town of Groton to continue this. Nothing we do or don't do will make them happy. Pete's last words to me were, "I'm never going to speak to you again." I'm not about to say I'm a perfect neighbor, but we live by two people who would seem happier to live out in the woods without neighbors. I wouldn't mind if we didn't either, so I'm not putting them down for that. They didn't like the neighbors on the west side either. It's almost impossible to talk with them. When we say "hi" to them, they choose not to hear us or see us. When there has been a conversation about border relations or almost anything else, all they want to do is argue most of the time. We would like to ask the Town of Groton Zoning Board of Appeals how the following quote from the Joint Comprehensive Plan for the Village and the Town of Groton, NY, applies to this, and it reads: Strategies. To provide support whenever possible to local entrepreneurs who desire to expand local businesses or industries, including agricultural enterprises or to develop a new business or industry including agricultural enterprises. Action 1, continue and where possible expand industrial development agencies assistance to local enterprises. Two, when appropriate, supplement the existing local economy and development . . . with assistance and the expertise that can be provided through Tompkins County Area Development, Tompkins County Workforce Development, and other organizations to foster new local businesses and assist local businesses to expand. Conclusion. I hope that the Town of Groton Zoning Board of Appeals . . . for many reasons above and others to grant us a Use Variance or restore the 2010 zoning so we can continue to live and do business in Groton. This decision would greatly effect our family and our customers and has been brought to your attention only because of personal attacks against our family. Another chapter in a story of two families who cannot get along. The above statements are my opinion and are true and honest to the best of my ability. Thank you. The Board Secretary then asked Mr. Haesche if he would submit a written copy of his comments to the Town for the record; he stated he would do that. Chairman Schiele asked if there were any questions from the Board. Member Dan Cerretani asked if, when original Building Permit was issued on 9/17/12, there was a Site Plan Review completed; Mr. Haesche stated there was not. Mr. Haesche said that, back in the beginning, Gary Coats, then CEO, had approached him and inquired what was being proposed at this location. He responded, and CEO Coats wrote down what he said; it had nothing to do, at that point, with a new building. It was a non -retail business operated out of an existing building. Mr. Haesche stated he had discussed the possibility of constructing a building with CEO Coats over a 2 -year period, and CEO Coats had advised him of what he needed in order to do that. Mr. Haesche stated that all during this process, he was never told it was not allowed or that a variance would be needed. He got his Building Permit and received a Certificate of Completion, around January 14, 2016, copies of which are on file with the Town. CEO Coats was kept up to date by Mr. Haesche and his contractor during the construction of the storage building. The new CEO, Rick Fritz, came on the scene around that time, and he advised Mr. Haesche that there was a pile of paperwork that needed to be completed and there were small things that needed to be done, e.g., hand rails, second -floor door to outside needed to be locked/ blocked, railing on balcony, etc. In response to Chairman Schiele's question, Mr. Haesche stated that the Building Permit does not give the purpose of the building, but on his "form" it is checked off that it is for a Business Use. Page 7 of 12 Town of Groton ZBA Public Hearing/Meeting Minutes 1 June 2016 Chairman Schiele acknowledged that Member Darling had obtained some paperwork regarding the changing of the zoning from RA to M2 in 2011. Mr. Haesche commented that he knew it had been changed "but I didn't know what the zoning was." He did not know what it entailed. He stated that the paperwork given to him by the Town this year mentioned "to seek a Use Variance or a change of zoning." He then asked the purpose of zoning and why, in 2011, it was changed? Chairman Schiele then referenced the Minutes of the Groton Town Board's Public Hearing on the Town's Draft Land Use & Development Code, October 19, 2010, which gave a cursory basis for the proposed change. A copy of these Minutes is on file at the Town Clerk's Office. However, the Board felt this did not provide an answer as to why the zoning was changed, and maybe this needed to be pursued. Mr. Haesche stated that his dad had started purchasing his properties in 1965 and, when asked, his dad did not know why it was changed either. Chairman Schiele gave brief rules to those present regarding the Public Hearing, and then asked for comments from the public (limited to 3 minutes per person) which were received as follows: Attorney John A. DelVecchio - Here on behalf of Joan Renee King and Peter King, adjacent property owners. Not good with time limits, but understand. Had privilege of seeing these types of applications from many angles: represented municipalities, serve on boards myself. ZBA's job tonight is to apply a factor analysis to this situation as to whether or not a Use Variance should be granted. There are certain factors that must be demonstrated by the applicant in order to grant a Use Variance. He then started to list the four factors as included in the required Balancing Test: One, that the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence. Here, the appellant indicated he realized a small income, but provided no competent numbers or income figures and indicated that if he can't run his business he may have to file bankruptcy. Mr. Haesche has not provided the dollars and cents information. Two, that the alleged hardship in question is unique and does not apply to a substantial portion of the district or neighborhood. Mr. Haesche indicated my clients made complaints and had bad relationship with him. The only thing that makes it somewhat unique is that the zoning actually changed somewhat recently. Chairman Schiele then called time, apologized, and advised the attorney that he was more than welcome to submit his comments/ statement to the Town Clerk or to the ZBA members. He also advised that it was quite likely that no decision on this appeal would be made at a later date as the Board would like to thoroughly review everyone's statements. John A. Beck - (Verbatim) My name? You should know my name. You're the people that took me to court. It's John A. Beck. The Town of Groton needs a refresher on past events. Three times the Town of Groton tried to have me incarcerated. They did not like what I wrote on my displays. Federal Judge ... in its decision said the Town of Groton Zoning Officer Gary Coats, the Zoning Appeals Chairman Paul Fouts violated my constitutional rights. How can the Town pledge allegiance to the flag when they violate the Constitution. Paul Fouts, a multi-million dollar farmer has never displayed the flag of our great country on his property. Paul Fouts, who never served, showed no respect to the flag and the millions of servicemen and women who gave their lives, were . . . wounded or served to protect Paul Fouts' right to his property. The apple does not fall far from the tree. As a father, Bob Fouts, who also never served, never displayed the flag of our great country on his property. I am a veteran and consider this a total disgrace. Paul Fouts, Gary Coats, and the Town of Groton, whose supervisor was Glenn Morey, violated my constitutional rights. Now the Town violates the rights of Mr. Haesche and his family. I met Mr. Haesche for the first time last night. Mr. Haesche's property is immaculate. It's the best -maintained property I've ever seen. Mr. Haesche conducts no business on the property in his warehouse which was approved by the Town of Groton and is only used for storage. I can imagine the turmoil Groton's Zoning Officer and the Town has caused Mr. Haesche and family. They must have suffered through sleepless nights worried about Page 8 of 12 Town of Groton ZBA Public Hearing/Meeting Minutes 1 June 2016 losing their business and possibly their home because of this outrageous charge by the Town's incompetent Zoning Officer and the Town itself. I should know, for I spent many of sleepless night in the five years the Town had me in court. And three times the Town threatened me with jail time. Mr. Haesche and his family deserve an apology, but they will never get one. The Town has never apologized to me. The actions by the Town Zoning Officer are criminal, outrageous, and ridiculous. There is no zoning violation by Mr. Haesche. All has gone to the head of this Zoning Officer, wanting Mr. Haesche to lose his business and probably his family's home. This Zoning Officer should be fired immediately right now. While the corrupt Town of Groton wants to destroy Mr. Haesche's business by the criminal action of violating Mr. Haesche's constitutional rights, what is it with the Town of Groton violating the rights of its citizens? They learned nothing from Judge Hurd's (sp?) decision. Does the Town want to go in front of Judge Hurd again? (Chairman Schiele announced there were 30 seconds left for Mr. Beck's comments.) Governor Cuomo and Attorney General Schneiderman will be notified about this. This Town government should be removed and some should face criminal action. And that's all I have to say about this corrupt Town of Groton and their actions. Matt Sawyer - Farmer in Summerhill. Buys products from Mr. Haesche. Looks like Erich has done what he needs to do. Past Zoning Officer gave him the permit; current one has followed through and it appears to him, as an outsider, that the neighbors are attempting to use the Town of Groton to cause Erich trouble. They hired a lawyer to do this. This is how it appears to him. If Erich got a Building Permit and complied with Code Enforcer who, if there was a problem with the zoning should have known that and said that at that point. It's unfair for them now to go all through this. How much Mr. Haesche makes or doesn't make has, in his mind, no bearing on this case. If it wasn't allowed, it should have been brought up at that time. The Kings appear to be using the Town to cause Erich a problem. Is in favor of granting the variance. Robert Fouts - Read from prepared statement - See Attachment A. He submitted a copy of a report from the McLean Fire Department, Kenny Carr, Fire Chief, who had inspected the subject storage building at the appellant's request - See Attachment B. Joni Parker - Sue and Eric's neighbor. Concern was with "leaching into the ground of something over time that might get into wells." Thinks building is beautiful has no problem with it at all. Her well is very deep; could go down there. That's her concern. Other than that, it's their business; they are nice people. Just wants to know if there's enough protection to prevent contamination of the water table. Has no problem with granting the variance other than that. Chairman Schiele then asked Ms. Parker if there was something she was aware of that she would like to have to appease her concern. She responded that maybe something like an Environmental Impact Statement; has anyone done a study to see where the water really goes? Chairman Schiele stated that, in the appellant's statement, the building contained a 1500 - gallon containment; the Board will find out about this. Alan Parker - Lives at 73 Ogden Road. Asked what original zoning was; was it considered that they were going to be storing lubricants, etc., or was it said it was going to be a warehouse? Is it going to be a barn/warehouse thing, or was it going to have lubricants in it from day one? Mr. Haesche presented it that past CEO Coats said there was going to be stuff in there, but he doubted it because he couldn't believe that a big barn would be constructed and then filled with lubricants. All our wells down through there are probably within 25-50 feet back from the road. Appellant's barn is at top of hill and he says it goes to the east. He thinks it goes to the west. Regardless, everything goes down and all our wells are right down through there. That's the only thing he was worried about. The people, he thinks they are great and likes them. Why did Building Permit go through in the first place if it was known what it was going to be? Didn't like it going to M2 back then, but now maybe it's a good thing for us. Doesn't really want to see variance granted. If it could be proved there wouldn't be a problem with the water, then it would be all right. Proof would be some kind of study. What if there's a fire with all that stuff in there? Page 9 of 12 Town of Groton ZBA Public Hearing/Meeting Minutes 1 June 2016 Mark Emeno - Lives at 79 Ogden Road. Same as Al Parker; concerned about groundwater. Affirmed what Mr. Parker said about their wells. Tompkins County Health Department came through about ten years ago, checking all area wells, maybe for something called nitrates. All wells in area had nitrates. All water is on same vein. Any infiltration may not affect him in his lifetime, but may down the road. His well is 200± feet. What kind of containment system has been set up? How much chemicals are stored in there? Quarts? Gallons? 55 -gallon drums? Is there a fire suppression system of any sort other than a couple of hand-held fire extinguishers? If an explosion, will it wipe out half the hillside? Against granting of variance. Peter King - 89 Ogden Road. Wanted to make it clear that "the reason we are here tonight is the fact for the zoning rules and regulations and the law in the Town of Groton is written. Yes, granted, we have had problems over the years. My wife and I have never, ever, maliciously done anything to any of the Haesches. We've always had to play defense. I know this isn't necessarily part of the game plan as far as this meeting is concerned, but I'm not gonna sit here and have people saying that I'm being a quote unquote bad neighbor. And I'm not gonna be referred to as riff-raff because of accusations that I have done things toward the Haesches. I never have and neither has my wife. I have had altercations with George. I had an altercation with George the second day I had my property because I parked my milk truck on the side of the road because I was so excited to come home and see my first home, I stopped at the house. I wasn't there fifteen minutes to put wood on the fire and enjoy the fact that I had my first home. I wasn't in that door five minutes. There's a knock on my door. George Haesche's telling me that he represents the neighborhood and we just can't have trucks parked up here. I have never parked overnight; if I ever park overnight, I park at the bottom of the hill next to Bob Fouts' property. I'm there momentarily at best. The other night that Erich referred to for the Sheriff Department being there, the Sheriff and I stood and talked as far as where I had been. He was there, four -ways on, I'm off the pavement, the whole deal, everything by the book. He had no problem with it. I just want people to know that we have never, ever been malicious to the Haesches. Anything that we have ever had to react to as far as the Haesches is concerned is because of the actions that they've taken toward us. We've tried to be cooperative. I've had his wife come over and apologize to us, in tears, because of her husband's actions and her father-in-law's actions. So don't be pointing your finger at me because we haven't done anything. I'm here for the law and the law alone." Chairman Schiele asked about the tanker that was allegedly parked. Mr. King reported that it was an empty milk truck. Occasionally he stops if he forgets something. Whenever he does, as was checked out by the Sheriff's Department, there's been found to be nothing wrong. Mary Sue Haesche - Read from prepared statement until three-minute time limit expired, and then submitted the entire copy for the record. - see Attachment C. (Note: The Complaint Form mentioned in her statement follows as Attachment D.) Chairman Schiele assured Mrs. Haesche that the Board would use her submittals in its deliberations. Joan King - 89 Ogden Road - Said she did not care if appellant was running business out of his garage as there were cases coming in. What scared her was when she saw skids come in with Hazard, or with a tape coming across it. Her house in less than 100 feet from Haesche's house. Would love to be able to support him, but "not next to my house, not with the quantity that is going in there. That's what scares me." Her well is there and she grows her food there, her animal is there and she and her husband live there. Appellant mentioned that he had other warehouses; use those. That's what he did for years before he built the barn. Now he built the barn and says it's cold storage. It's not cold storage. Look on his website. Some of stuff is antifreeze. She had sheets she could submit showing proper storage, etc. He has a right to have a business Page 10 of 12 Town of Groton ZBA Public Hearing/Meeting Minutes 1 June 2016 and it's great he's doing it but she reiterated "but not next door to me." Not 100 feet from her property. I thought he built that barn for his kids who wanted goats, chickens, etc. Scared to see his kids going in there. By the law, she stated, the district is intensive residential development. Our wells are lined up. His website shows many things like Prestone, etc. That's what he advertises he can get and store. Leah Haesche - Daughter of appellant. When someone clicks on a link it goes to that company. Stated they did not sell every single thing that they sell. Because there may be hazardous products on that company's website does not mean that they sell it. Their website has a Mission Statement and then it has the emblems of every company from whom they can buy product. Click on an emblem and it goes to that company's website with their products. Attorney DelVecchio asked for the email address to use for submitting his comments. Chairman Schiele provided the Deputy Clerk's email address to the attorney and assured him that all Board members would receive whatever he submitted. Submittal should be received by 7 June. Chairman Schiele then recognized Mary Sue Haesche who responded to Mrs. King's comments regarding other warehouses. Mrs. Haesche stated that they did not own "other warehouses." The subject for this appeal is the only one. Chairman Schiele advised the Haesches that they should make this clear in their statement. Chairman Schiele recognized the appellant who stated they had nothing that was considered hazardous in their warehouse. Page 11 of 12 Town of Groton ZBA Public Hearing/Meeting Minutes 1 June 2016 With no further persons wishing to be heard at this time, a motion was made by Member Pat Gaines to recess the Public Hearing for a Use Variance to maintain a warehouse facility in an M2 District until 7:30 p.m. on 22 June 2016. The motion was seconded by Member Dan Cerretani, with the vote recorded as follows: Ayes: Chairman Schiele Nays: None Member Cerretani Member Darling Member Gaines Absent: Member Fouts Motion carried. This becomes Action #4 of 2016. APPROVAL OF MINUTES — 20 JANUARY 2016 A motion was made by Member Gaines to approve the Minutes of the 20 January 2016 ZBA meeting, as submitted. The motion was seconded by Member Cerretani, with the vote recorded as follows: Ayes: Chairman Schiele Nays: None Member Cerretani Member Darling Member Gaines Absent: Member Fouts Motion carried. This becomes Action #5 of 2016. ADJOURNMENT At 9:10 p.m., a motion was made by Member Gaines to adjourn the meeting. The motion was seconded by Member Cerretani, with all members present voting in favor. Joan E. Fitch, Board Secretary V Attachments A, B, C & D a/ s Page 12 of 12 Emailed to Supv., Town/Deputy Clerks, CEO Fritz, Attorney Monty & Board Members on 6/21/16.