Agenda - Planning Commission - 09/07/1999

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Page 4 ~ July 10, 1999 Z.B. failed to show its proposed mining operation would be in harmony with the orderly development of the zoning district. Rifenburg appealed. It asked the court to annul the board's decision be- cause it was arbitrary and capricious. The court denied Rifenburg's request. Rifenburg appealed again. DECISION: Affirmed. Rifenburg didn't show it was entitled to a special permit. To be entitled to a special use permit, the applicant had to prove the pro- posed use conformed with the zoning ordinance. If the proposed use did com- ply with the zoning ordinance, then the municipality had to issue the permit unless it had reasonable grounds for denying it. There was more than enough evidence to support the zoning board's find- ing that the proposed mine wouldn't be in harmony with the neighborhood. A traffic study concluded the mine would "compromise public safety" because the gravel trucks would have to travel on a residential road and would pose a danger to school buses. The study also found the access road and a local bridge might not be able to handle the weight of the gray. el trucks. Moreover, the zoning ordinance required that the proposed use not impair local property values. The board relied in part on the testimony of a real estate expert who said the mine would have a serious negative impact on local prop- erty values. Ciplgerley v. Town of East Greenbush, Supreme Court of New York, Appellate Div., 3rd Dept., No. 83939 (1999). see also: Cit~periey v. Town of Ea'st Greenbush, 623 N.Y.S. 2d 967. see also: Schadow v. Wilson, 599 N.Y.S. 2d 335. Nuisance -- Neighbors claim abandoned trailer is breeding ground for rats WISCONSIN (5/4/99) -- Schleis owned a warehouse in a Green Bay indus- trial distr~ct. He parked a semi-trailer on the property in 1976 and has not moved it since. The trailer, which Schleis used for storage, was visible from the road and was partially surrounded by vegetation. Its tires were deflated and the wheels had sunk into the ground. The area under the trailer was littered with construc- tion debris, including cement blocks, bricks, and partially decomposed wood. The neighborhood consisted of several food manufacturing companies, including a dairy plant, a meat packing plant, and a pizza crust producer. Alt were subject to governmental health and safety regulations and inspections. In 1997, neighbors complained to the city about the trailer. The zoning inspector investigated and ordered Schleis to remove the trailer and clean up the surrounding area. Schleis refused, and the' city cited him for maintaining a public nuisance. The city zoning ordinance defined a "public nuisance" to