MINUTES

TOV Zoning Board of Appeals (ZBA) Special Meeting

October 22, 2021

Call to order: Chairman Rick Mansfield called the meeting to order at 6:00 pm and led The Pledge of Allegiance to the Flag.

Attendance:

ZBA Members: John Pavelock, Rick Mansfield, and Randy Chandler. There is one vacancy on the board. Amanda Hewitt was unable to attend.

Others: Liaison Mike Davis, Town Attorney Evan Rossi, applicant (W. Shaughnessy, Jr and Attorney Mr. Cully), Oneida County Sheriff Deputy, and several residents.

Secretary Kathy Pavelock and Zoning/Codes Officer Reay Walker were unable to attend.

Due to the unavailability of Secretary Kathy Pavelock, this meeting was recorded, and John Pavelock took notes for the purpose of preparing minutes.

Minutes Approval: None Correspondence: None Public Hearings: None Unfinished Business: None New Business:

Var2021-3 William Shaughnessy Interpretation of “building” and “structure” in relation to the special use permit (SUP2019-3) to use a Portable Tractor Trailer Haunted House on the property at 1861 NYS Route 49, tax map# 216.000-2-20.2.

Chairman Mansfield provided a summary of the application submitted to the ZBA by reading the details of the line items on the application and a summarization of the attachments to the application. Chairman Mansfield explained that the purpose of this meeting to determine if the application is complete. The ZBA is not authorized to interpret NYS Fire and Building Codes.

The board asked Attorney Cully if he had any additional information to provide to the board. Mr. Cully provided copies of certificates and permits showing that the Haunted House has been treated as a “Special Amusement Device” by the DOL since 2012. Mr. Cully requested that Department of Labor (DOL) Inspector Mr. Falchi and the DOL Attorney be allowed to speak this evening via telephone.

Mr. Cully asked if the full ZBA was present. The board explained that this ZBA is a 5-member board with one unfilled vacancy and one member unable to attend. The three members in attendance make a quorum. Mr. Cully explained that they felt the applicant was at a disadvantage due to the vacancy and absent member. All attending members at this meeting would have to vote in favor of motions for the motions to carry.

Mr. Rossi addressed the ZBA explaining that the ZBA is not required to take phone calls. Chairman Mansfield explained that he did not have a problem listening to public comment so long as the speaker stays on topic related to the interpretation of structure and building. He also explained again the purpose of this public meeting is to determine if the application is complete. Chairman Mansfield explained since this meeting is to determine the status of the application, it is not appropriate to hear testimony from the DOL via telephone this evening. Testimonies are more appropriate for a public hearing. Mr. Cully called the DOL representatives and Mr. Cully relayed that the DOL council will be reporting to the Inspector General on the conduct at this meeting.

Chairman Mansfield asked Mr. Cully if a letter dated July 29, 2021, was intended to be added to the application. Mr. Cully stated yes. Chairman Mansfield explained that the board received this letter on October 21, 2021 (yesterday).

Attorney Cully provided an overview of the application pointing out the special use permit (SUP2019-3) that was issued by the town planning board, the DOL classification of an “Amusement Device,” and provided a copy of a petition for reopening the Haunted House. The main point is that the Haunted House is an “Amusement Device” versus an “Amusement Structure.”

Attorney Rossi addressed Mr. Cully’s statements. Mr. Cully contends that this board is reviewing Local Law #7 of 2007, but in fact is being requested to interpret NYS Fire and Building Codes. The petition for reopening the haunted house is irrelevant to the interpretation. Mr. Rossi provided some case law supporting the role of ZBA as not authorized to interpret NYS Fire and Building Codes.

Mr. Rossi also explained that the town codes officer cited the applicant based on NYS Fire and Building Codes and not related to town zoning laws. Chairman Mansfield cited NYS Local Government which further supports the ZBA jurisdiction for only those actions of the town codes officer related to town zoning laws.

Mr. Cully provided a definition of “amusement device” from the Industrial Code Rule 45. Mr. Rossi noted that the DOL is mistaken in calling the haunted house an “amusement device.”

The board then heard comments from the public. Due to COVID-19 restrictions only a set amount of people was allowed in the building. Liaison Mike Davis assisted by an Oneida County Sheriff ushered people in and out during the comment period. First to comment, was North Bay Fire Chief, Joe Matthews. Mr. Matthews warned the board that if the Haunted House is classified as a building, anyone in the town could move a tractor trailer on their property, put up walls and potentially live in it. Comments were also heard from Jessica, Billy, Dean, Keith, William, Christine, Melissa, Tatiana, Hanna, Phil, Rusty, William, Alexis. Most of the comments related to the ease in take-down and movement of the trailers, the focus on safety, and concerns for the interpretation of building/structure and its impact on other items throughout the town.

Attorney Cully mentioned again during the public comment period that the ZBA did not allow the DOL to speak via telephone. Chairman Mansfield again emphasized that the purpose of this meeting was to determine if the application was complete and therefore it was not appropriate to hear from the DOL or codes at this time.

Rick Mansfield made a motion to declare the application, Var2021-3 complete. Seconded by Randy Chandler. Poll Vote:

John Pavelock - AYE Amanda Hewitt - absent Randy Chandler – AYE Rick Mansfield - AYE Vacancy – n/a Motion carried.

Chairman Mansfield explained that the next step is to hold a public hearing. Liaison Davis requested that the public hearing be held at the Highway Garage. Secretary Pavelock will coordinate a date and have a legal notice published in the Queen Central News.

Having no further business, Rick Mansfield made a motion to adjourn, seconded by John Pavelock.

Motion carried at 7:20 pm.

Transcribed from the digital recording and notes by:

Kathy M. Pavelock /s/

ZBA Secretary