Judge backs up ZBA; engine repair work OK at site

LOWVILLE — A judge has upheld a decision by the town and village Zoning Board of Appeals that a North State Street small-engine repair business is an acceptable use of the property.

State Supreme Court Judge Joseph D. McGuire, in a 10-page decision issued Monday, dismissed a lawsuit brought against the ZBA by North State Street resident Alfred F. Marriott.

"The Court will not substitute its judgment for that of the ZBA," Judge McGuire wrote. "The ZBA's judgment cannot be said to be irrational."

Mr. Marriott had sought annulment of the board's March 24 decision that Scott Miller of Miller's Small Engines could continue to use his property at 7712 N. State St. — located next to Mr. Marriott's residence — for retail and service of small engines. He also requested a court order barring that use from continuing.

Mr. Miller in 2007 bought the parcel from Steve Monnat, who for many years had operated an automobile repair shop on the premises. While the parcel is in a residential zone, the nonconforming use was grandfathered in, meaning it could continue as long as it remained unchanged.

Mr. Marriott — represented by Watertown attorney Stephen W. Gebo — argued that Mr. Miller should not be allowed to operate his small-engine repair shop at the location because he had substantially changed the property's use, and the ZBA failed to take into consideration all available evidence.

Judge McGuire ruled that ZBA members conducted a sufficient review. They discussed the matter thoroughly with Charles W. Stevens, the town and village code enforcement officer and had a "thoughtful discussion about the categories that have been used to describe this property," the judge wrote.

Mr. Stevens in February determined that Mr. Miller has maintained the same type of business, only with smaller engines. The ZBA in March affirmed that determination.

Mr. Monnat apparently did some small engine repairs on the premises, Judge McGuire said. Had he chosen to switch his focus from automotive to small engine work, it is not clear that village zoning law would have prevented it, he said.

"I hope that this will bring some resolution and peace to this issue," said Village Attorney Mark G. Gebo, who represented the ZBA in the case.

Mr. Marriott last year successfully challenged the ZBA's approval of an area variance allowing Mr. Miller to build a 50-by-16-foot lean-to behind his shop.