Warehousing barns a no-go

NORTH EAST — Abandoned barns are not suitable for present warehousing needs. That was the consensus of the Town Board during its meeting last Thursday, at which it addressed a request from attorney Robert Trotta to make that use legal.

“The Zoning Board of Appeals [ZBA] wrote on that point a recommendation,� said Attorney to the Town Warren Replansky. “They were very much against the proposed local law.�

The ZBA, in fact, submitted a memorandum to the Town Board noting its objections to the idea.

“Such barns, it seems to the Zoning Board, have already been converted to some other agricultural use or are in a condition of near-collapse,� states the memo. “Regardless, they would be unsuitable for warehousing due to low ceiling height, poor ventilation and general configuration and design. To retrofit such structures for storage space would be economically unfeasible. The board can see no necessity for legislation to allow the proposed use, except for the benefit of Mr. Trotta’s client.�

Trotta appeared before the town, zoning and planning boards in the spring. He did so on behalf of his client, businessman Tom Taylor of Taylor Oil. At that time it was reported that Taylor had already converted some of his large-scale buildings to storage space.

“I have to agree with the recommendations of the ZBA,� Replansky said, adding that dairy barns tend to be set in more residential districts than commercial ones. “I can’t envision any use of old, deteriorated barns, I see no reason to create such a law.�

Replansky went on to say, in his opinion, if a local law were passed to allow warehousing in abandoned barns it would constitute spot zoning, and would be of no benefit to the community.

“Before we had the current zoning, the code had rather loose schedules,� town Supervisor Dave Sherman said, adding there had been some “novel zoning changes� made in the town in the past.

According to town Councilman Carl Stahovec, the wished-for local law to allow warehousing in abandoned barns is just too broad.

“The proposed law is way too vague,� he said. “And the buildings don’t justify warehouse buildings. If they want that single use, they should apply for it.�

“I would say they should first go to the ZBA for a use variance,� agreed Replansky.

“A lot of old dairy barns and dairy buildings have been converted to office space,� Stahovec added. “That’s a better use than warehousing.�

The zoning board agreed warehousing was an unsuitable use. It suggested, however, if the Town Board did want to consider granting the local law request it should take into account several points.

“The board advises that such legislation not be enacted, but if the Town Board wishes to pursue such a course, it must limit such a use to nonresidential areas, establish a minimum acreage requirement in addition to that of the underlying zoning district, and address whether such a use would be a principle permitted use or an accessory use or a second principal use on individual parcels,� states the memo. “Building eligibility should also be more carefully defined. At the bare minimum, such a use should be subject to a special permit with the requirement of site plan approval as opposed to a permitted principal use.�

The Town Board’s discussion, however, next focused on how it would go about rejecting the local law request.

“I think you can enact a resolution declining to enact the local law and have the applicant approach the Zoning Board of Appeals for a use variance,� Replansky said.

The board passed a resolution agreeing to the above, which it plans on adopting at tonight’s Town Board meeting, Thursday, Sept. 13. That meeting is set for 7 p.m. at Town Hall.

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