PARISHVILLE - A Parishville resident seeking a special use permit for a sand and gravel pit on the Russell Turnpike Road is turning to the town board after his proposal was rejected by the towns Planning Board.
I came to the planning board for a special use permit for my sand pit, and I was denied. I understand that the town board can overrule the planning board, Tim Randall noted during an appearance at this weeks town board meeting.
Town Supervisor Jerry G. Moore informed Mr. Randall that the town board does have the final say on any sort of decision, but he said he would like the two boards to hold a joint meeting to discuss the matter. The town board could over rule the planning board with a majority plus one vote, meaning it would need the support of at least four of the five members of the town council.
Its a hard thing to overrule the planning board. I have to talk to them and we have to know exactly whats going on and if theres more information they need. To override them I would have to talk to them, he said.
Planning board member Fred Wilhelm was in attendance for this weeks town board meeting and said that this is not the first time that someone has requested permission for a gravel pit in the Russell Turnpike area.
In the past history theres been some other requests for gravel pits in that area, and theres been a lot of opposition for use on the Russell Turnpike Road. A guy on the Benson Road was given a variance for a gravel pit and the (Zoning Board of Appeals) put a stipulation on there that he couldnt haul gravel on the Russell Turnpike Road, Mr. Wilhelm said.
Which they are. Thats not being enforced, Mr. Randall claimed.
Heres the situation, Mr. Wilhelm said. We checked with the county planning office and they told us, You cant restrict one person and then allow another person to use that road. Youre being prejudicial. So because the board restricted one gravel pit operator, we cant allow another operator to use it if we restricted one already. Upon checking on this, we found it was only the (Zoning Board of Appeals) that can revise their previous decision and theyd have to have a public hearing. So thats why we did what we did. We didnt want to get the town in trouble.
Mr. Moore noted that in the previous example vehicles had two ways to exit the property, while in Mr. Randalls case there is only one. That being said, he explained that it would be best if he met with town attorney Roger A. Linden to review the issue.
Town Councilman Conrad Cook was outspoken in support of Mr. Randalls cause.
Tim and his family have tried since last December I believe (with this). ... I think were too restrictive. His family is trying to make a living, and I think we should try and accommodate him, Mr. Cook said. We had a town board meeting, I believe it was in March, and we all voted to make it so he could have a gravel business.
Theyve paid their taxes for years and years, worked for the school for 30 years and retired. Hed like to do something on his own for his family and we are shutting him down and that aint right, he added.
While in agreement with Mr. Cook, Mr. Moore said that it was a legal issue. Councilman Rodney G. Votra reached out to offer assistance in contacting Mr. Linden.
If you want Jerry, Ill work with you on that. We can check with Roger, see if we are ok to go back to the board, Mr. Votra said.
Ill make a couple of phone calls and see if going to the planning board is the best way to approach this, Mr. Moore said. If Rodney and I get answers, we may call a special meeting. So Ill wait to talk to the board and get something done before a month or two goes by.