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Le Roy Zoning Board

Le Roy board approves creation of independent town ZBA

By Raymond Coniglio

The Le Roy Town Board on Thursday voted to create a three-member town Zoning Board of Appeals.

In effect, the action abolishes the joint town/village ZBA. Members of the new town ZBA will serve three-year terms.

The measure was approved, 4-1, after a 15-minute public hearing in the town courtroom. John Duyssen, who was elected to the board in November, cast the dissenting vote.

Seven people spoke during the hearing. Most opposed breaking up the existing joint ZBA.

The law — officially, Local Law No. 1 of 2016 — will become effective upon its filing with the state Secretary of State. That is required within 20 days.

The Town Board voted this past November to withdraw from the 2004 intermunicipal agreement that established the town/village ZBA. A public hearing had been planned for December.

Those actions came before the joint ZBA could comply with a court order for it to rule on the legal status of Frost Ridge Campground. Interim Supreme Court Judge Robert Noonan subsequently ordered the town to cancel its public hearing, and for the ZBA to conduct a hearing on Frost Ridge by Dec. 18, 2015.

The current ZBA ruled in favor of Frost Ridge on Feb. 17.

Following its approval to create a town ZBA, the board voted unanimously on several related matters:

— The board agreed to the appointment of John Rider as town ZBA chairman, with a three-year term to expire Dec. 31, 2018; and Robert Uberty to serve as member for a four-term term to expire Dec. 31, 2019. (The seat held by Uberty would subsequently be for a three-year term.) Matthew Gilligan was appointed to serve as alternate, and Debbi Jackett — who chairs the current joint ZBA — would continue as a member of the town ZBA.

— The town ZBA would be prohibited from spending any funds beyond its allocated budget, without the prior approval of the Town Board.

— The town ZBA would be required to use the services of the town attorney and town engineer. The town attorney may waive that requirement if in the “best interest” of the town.

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