A public hearing scheduled by the town of Sheridan's Zoning Board of Appeals was not held Monday, but the ZBA still did plenty of listening.
The Sheridan Town Hall was filled to capacity with people on hand to voice opposition to what was supposed to be the subject of the hearing, a proposed motocross racing/riding track for motorcycles and all-terrain vehicles.
After the regular business of approving minutes was completed, Board Chairman Thomas Taylor informed the crowd that the appellants, Peter and Tania Smith, through the law firm of Gullo & Price, requested an adjournment of the hearing.
Taylor also reported several letters were on file against the project and after some discussion the board voted to allow the opposition a chance to present its case. Taylor did note that if a public hearing were eventually held any testimony would have to be regiven.
"That's the purpose on our agenda of privilege of the floor. I'm going to open it so they can impress all of us with what they have been working so hard, and organized - presenting their case and arguments," Taylor said.
The Smiths' property in question, 10105 Creek Rd., is located in an AR-II District in the town of Sheridan where a motocross riding/racing track is not a use permitted by right in an Agricultural - Residential district.
Paul Wallenhorst served as the spokesman for the well-organized opposition in an informative and quick-moving presentation involving people speaking to different issues. The concerned citizens group has also hired the law firm of Brautigam & Brautigam to represent them and a letter from attorney Michael Bobseine concerning problem areas of the appeal was given to the board.
"We're definitely against having a motorcycle race track and ATV racetrack in our immediate neighborhood," Wallenhorst said. "And most of the people in the room who have that sentiment have an ATV or dirt bike or run a chain saw or run a farm and make noise. ... It's a neighborhood issue as opposed to being opposed to a particular type of motor vehicle or something that generates noise.
"What we ask you to do is enforce the zoning ordinance and to make sure you protect Sheridan as a good place to work, live and play, as we advertise in the Dunkirk/Sheridan promotional material."
Other speakers were equally as straightforward in their opposition, with objections ranging from the loss of a business, possible pollution, safety issues, noise pollution, loss of real estate value and the nearby location of a Western New York Land Conservancy acreage.
"If the racetrack goes into business, my business will be gone," said Lana Lewis, owner of Lana's The Little House, a quiet getaway. "All visits are private and personalized and my fear is it will ruin my business immediately."
According to state law, the applicant for a use variance must meet four conditions.
First, the owner cannot realize a reasonable return on the property as zoned. Under that part, it is insufficient for the applicant to show only that the requested use would be more profitable than the use permitted under the zoning.
Second, the hardship must be unique to the owner's property and not applicable to a substantial portion of the zoning district.
Third, granting the variance will not alter the essential character of the neighborhood.
Fourth, the hardship is not self created. Under this part, someone who acquires land for a prohibited use cannot then have a variance on the grounds of a special hardship.
Taylor said the next step in the process is up to the Smiths, who will have to decide whether to go through with the public hearing and seek approval of the variance from the board or drop the project. The other alternative, albeit unlikely, would be to get the town board to change the zoning law.
Neighbors of the Smiths will be notified by mail and a legal notice will be published in the OBSERVER before the public hearing on the matter would be held.
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