October 25, 2011

A Special Meeting of the Lee Town Board was called to order at 7:00 PM in the Lee Town Hall.  This meeting is to discuss the appeal/Special Use Permit of Kerry Casler, owner/operator of All Creatures Boarding & Grooming Facility, and Peter LaMonica, owner of the property at 9000 Turin Road, pursuant to Section 110(D) of the Lee Town Zoning Ordinance entitled, "Non-conforming Structures, Lots and Uses".

Present were:  Supervisor John Urtz, Councilmen Kevin Gallagher, Alan Trombley, Patrick Hetherington and Karl Matt.

Also present was Town Attorney, David Rapke.

The meeting opened with the pledge of allegiance.

Supervisor Urtz explained that this was a re-hearing of the January 2011 & February 2011 meetings and that it was important for residents to voice their concerns as done before so that it is recorded on tape/digitally and transcripts can be provided to Judge Shaheen.

Marilyn Countryman of 9019 Sunrise Dr., stated that the noise coming from the dogs at the facility is continuing and is especially noticeable on weekends and holidays.  She states that even with her windows closed at night, she can hear the barking.  She also believes that the location is not the proper place for a kennel and that it is unfair to the area residents.  Mrs. Countryman states she has no issue with the grooming part of the business, but is against the boarding facility.

Pete Lamonica of 9020 Turin Rd., who is the property owner of 9000 Turin Rd. where the facility is situated, updated the Board saying that he has completed the process of getting an area variance and subdivision of the properties, to reduce the size of the property that the kennel is on.  Mr. Lamonica mentioned the offers that have been given to help with insulating the sounds, such as, foam insulated walls, putting up a new garage door, new fencing, planting evergreens to absorb noise, but have not yet invested in these remedies, as the fate of the kennel is uncertain.  Mr. Lamonica states that he lives closer than anyone to the kennel, and that the noise does not bother him at all.  Mr. Lamonica closes by stating he is willing to do whatever he can to help all parties involved.

Mr. Kahofer, of 6298 Evergreen Dr., states the concerns are more about the noise that is occurring outside the facility, not the inside. 

An employee of the facility stated that dogs are never let out before 7 AM as a courtesy for the neighbors and that any noise is only for a period of a half hour at a time.

Perry Onderdonk of 6375 Wager Dr., questions how many complaints have been filed in a Town of approximately 7000.  Councilman Hetherington responded there have been six.  Ms. Onderdonk asks the Board if they would like to be perceived as harassing a small business. 

James Rizzo, attorney of Kerry Casler, spoke to reiterate some of the history regarding this issue.  He states he is under the assumption the prior paperwork that has been presented to the Board is still in place.  Mr. Rizzo also stated the mention that Ms. Casler may be moving her business to Williams Rd. in Rome, should not have any bearing on these hearings.  Mr. Rizzo mentioned the prior use of said building did not have restrictions when it was a veterinary clinic.  There were no limitations as to how many animals could be there at one time.  He also explains the reason Ms. Casler has not made the financial steps offered to damper the noise is due to being denied by the Town.  Mr. Rizzo believes Ms. Casler has met the criteria and deserves the chance to continue her business in this Town.

Mr. Kahofer and Mrs. Countryman explain that other businesses located in the Town do not generate the same type of noise nuisance as the dogs that continually bark and disrupt at all hours of the day and night.

Kerry Casler, owner of All Creatures Boarding and Grooming speaks to the Board saying she has done everything that has been asked of her and has spent money to go through the procedures the Board has asked her to do, and is still being denied to operate her business.  She states the Board continually admits the Town of Lee has made mistakes, but doesn't see any members of the Board doing anything about it. 

Supervisor Urtz spoke on the history of that building that began in 1977.  A special use permit allowed the veterinary clinic to operate, subject to no overnight boarding for animals because it was an R-20 zone.  When All Creatures approached the Zoning Officer, a permit was granted without consulting the previous record, which is that there is no overnight boarding, which is the Town's error. 

A motion was made by Alan Trombley, seconded by Patrick Hetherington to adjourn the Special Meeting.  Meeting adjourned at 8:08PM.

It was decided that the letters of complaint should be read for the record; meeting reopened at 8:10PM

Councilman Hetherington read aloud a letter he received from Mr. Jeffery Archer stating the tenants who rented from him at 9015 Sunrise Dr. have moved out due to the dog kennel, which has been costly for him.

Pete Lamonica stated that he has spoken with the tenant of the above, and the reason for moving out was because of a job, not due to the dogs.

Mr. Hetherington read aloud a letter from Darlene Borders, who was the tenant at 9015 Sunrise Dr. which mentions they chose to move as they saw no progress in a resolution to the kennel issues.  The letter discusses the anger, frustration and lack of sleep due to the barking.  Also that they felt they had to arrange their schedule around the kennels schedule in order to enjoy their backyard when they lived there. 

Councilman Patrick Hetherington read correspondence received from Suzanne Morris, 9023 Sunrise Rd. for the record:  Mrs. Morris states she is not against the grooming aspect of the facility, but is against the boarding as the noise of the barking dogs is a nuisance.  Mrs. Morris suggests a more remote location for this type of business.

A motion was made by Patrick Hetherington, seconded by Kevin Gallagher and CARRIED to adjourn the public portion.

Supervisor Urtz asked if there were any comments from the Board Members.

Councilman Patrick Hetherington expressed that he understands the emotion and that it is upsetting how long this has carried on.  He states that the Boards intention is to evaluate the criterion that is in front of them regarding the special use permit.  Mr. Hetherington reminds those present that this particular property is zoned R-20 and that in an R-20 zone, certain things are not permitted.

Mr. Hetherington continues with the criteria that the board is bound to evaluate for special use permits:

       1. That the use is so designed, located and proposed to be operated that the public health,

           safety, welfare and convenience will be protected;

       2. That the use will not cause substantial injury to the value of other property in the

           neighborhood where it is located;

       3. That off-street parking and loading facilities and the design and location of all points

           of ingress and egress are adequate and will not adversely affect traffic circulation in

           the immediate area.

       4. That specific provisions of the Town of Lee Zoning Ordinance, which apply, are adhered

         to.

Mr. Hetherington addressed the offer to insulate the building with foam to reduce the noise.  After a detailed explanation of his research, he believes the proposal would be of no substantial use in eliminating the noise.  He goes on to state that he doesn't believe that the hours of operation would be adequate for those who do not work, or work odd shifts.  To address number 2, he reiterates that a tenant has testified to moving out due to the noise and states that Mr. Scott Libby (who was present at the 1^st special meeting) has moved out and his house is for sale.

Mr. Hetherington believes the first two items of the criteria are not met.  In addition the property size doesn't meet the minimum coverage.  In closing, he states that he believes 3 to 4 of the criteria have not been met; therefore he cannot support the special use permit.

Councilman Kevin Gallagher states the he also agrees that the public health, safety and convenience are not protected for the neighbors.  He also believes the property values are devalued, and that the permit would be non-conforming to the provisions of the ordinance.  In closing, he cannot support and votes against.

Councilman Alan Trombley agrees that the health, safety and welfare of the nearby residents are not being protected.  He states the ordinance is very clear and the he votes against.

Councilman Karl Matt has chosen to abstain from vote as he has not been involved in this from the beginning.

Supervisor Urtz adds that he does not support the permit.

Mr. Hetherington adds that his above opinion is for the boarding aspect of the business, but believes the grooming aspect meets the criteria set in the ordinance.

Vote:

Boarding

Patrick Hetherington

 - nay, due to believing the 1^st two criteria of the ordinance have not been met.

Kevin Gallagher

 - nay, due to believing the 1^st two criteria of the ordinance have not been met.

Alan Trombley

 - nay, due to believing the 1^st two criteria of the ordinance have not been met.

John Urtz - nay

Karl Matt - abstains

Grooming - 8 hour limit

Patrick Hetherington

 - nay to 8 hours, would agree to 4 hours

 - aye, with no dog to be there for a length exceeding 8 hours. 

Alan Trombley

 - aye, with no dog to be there for a length exceeding 8 hours. 

John Urtz - aye, with no dog to be there for a length exceeding 8 hours. 

Karl Matt - abstains

A motion was made by Alan Trombley, seconded by Patrick Hetherington to adjourn the Special Meeting.  Meeting adjourned at 8:52PM.