MINUTES

TOV Zoning Board of Appeals (ZBA) Special Meeting

November 10, 2021

Call to order: Chairman Rick Mansfield called the meeting to order at 7:00 pm and led The Pledge of Allegiance to the Flag.

Attendance:

ZBA Members: John Pavelock, Rick Mansfield, Amanda Hewitt, and Randy Chandler.

There is one vacancy on the board.

Others: Liaison Mike Davis, Secretary Kathy Pavelock, Zoning/Codes Officer Reay Walker, Town Attorney Evan Rossi, applicant (W. Shaughnessy, Jr and Attorney Mr. Cully), and approximately 20 residents.

Minutes Approval:

Randy Chandler made a motion to approve the ZBA April 8, 2021 Special Meeting. Seconded by John Pavelock. Poll Vote: Amanda Hewitt – Aye, John Pavelock – Aye, Randy Chandler – Aye, Rick Mansfield – Aye, Vacancy – n/a. Motion Carried.

Randy Chandler made a motion to approve the ZBA October 22, 2021 Special Meeting. Seconded by Rick Mansfield. Poll Vote: Amanda Hewitt – Abstain, John Pavelock – Aye,

Randy Chandler – Aye, Rick Mansfield – Aye, Vacancy – n/a. Motion Carried.

Correspondence:

• Secretary Pavelock communicated with Zoning Officer regarding Var2021-02 Milliken. It was determined that a variance was not required for this property.

• Several emails, letters, and phone calls to coordinate meeting dates for Var2021-03 Shaughnessy.

• Submitted legal notice to the newspaper for Var2021-03 Shaughnessy Public Hearing.

Public Hearings:

7:10 PM 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.

Amanda Hewitt made a motion to open the public hearing for Var2021-3. Seconded by Rick Mansfield. Poll Vote: Amanda Hewitt – Aye, John Pavelock – Aye, Randy Chandler – Aye, Rick Mansfield – Aye, Vacancy – n/a. Motion Carried

Rick Mansfield provided an overview of the application and emphasized that the ZBA does not have jurisdiction to interpret New York State (NYS) laws. Mr. Mansfield requested that all comments during the public hearing stay on topic. Mr. Mansfield then proceeded to call on each individual who had signed-in as desiring to speak during the public hearing.

Christian Shaughnessy – spoke via cell phone from his post serving in the US Navy as an electronics specialist. Mr. Shaughnessy expressed his opinion that the Portable Tractor Trailer Haunted House is mobile and therefore not a stationary structure.

William Hook – Mr. hook stated that the Portable Tractor Trailer Haunted House is on wheels with many dividers. It is inspected annually by the Department of Labor.

Keith Chase – Mr. Chase explained that the Portable Tractor Trailer Haunted House is similar to state fair entertainment devices. Furthermore, the special use permit specifically this as a “Portable Tractor Trailer.”

Tracey Laughlin – Ms. Laughlin explained that she owns a trucking business. Anything with an axel is not a structure.

Jessica Jayson – the Portable Tractor Trailer Haunted House is movable.

Leo Jayson – the Portable Tractor Trailer Haunted House is a device and is movable. Mr. Jayson works for a trucking company.

Christine Ward - the Portable Tractor Trailer Haunted House is on wheels and moveable.

Stephanie Slack – Ms. Slack’s family builds trucks. This is a waste of time. The Portable Tractor Trailer Haunted House is not related to a structure or building.

Lori Fealy - The Portable Tractor Trailer Haunted House is not related to a structure or building.

Maria Peña - The Portable Tractor Trailer Haunted House is not related to a structure or building. It has wheels and is moveable. The Portable Tractor Trailer Haunted House provides entertainment and helps the youth. Her son is employed at the Portable Tractor Trailer Haunted House.

Summer Kin - The Portable Tractor Trailer Haunted House is on wheels.

Phil Jackson – The trailers have historically been moved each year. More trailers have been easily added and there is a gap between the trailers.

Reay Walker, TOV Codes Enforcement Officer (CEO) – CEO Walker read his prepared statement. The CEO believes that the Portable Tractor Trailer Haunted House is a building or structure as defined by the state fire code. He further believes that VAR2021-03 requests an interpretation of the state fire code and therefore not within the jurisdiction of the TOV ZBA.

Hannah (did not sign the speaker sign-up list) – Provided a definition of structure from her phone.

Mr. Cully – Provided a copy of the June and July 2019 Planning Board minutes where the special use permit was approved for the Portable Tractor Trailer Haunted House. He also stated that the Department of Labor defines the Portable Tractor Trailer Haunted House as an amusement device and provides an annual permit every year for the Portable Tractor Trailer Haunted House. The DOL was not permitted to speak at the last ZBA meeting and is present today.

Mr. Falchi – Stated that he inspects the Portable Tractor Trailer Haunted House every year since 2013 as an amusement device and it has passed inspection every year.

Evan Rossi – asked DOL about amusement devices at Sylvan Beach.

Kathy Pavelock – The TOV requires building permits for many structures including manufactured home on wheels, sheds, and decks.

Bill Shaughnessy – Provided photos and explanations of the Portable Tractor Trailer Haunted House showing that the trailers are not bolded together, there are fire blocks, DOL permits, inspection tags, airbrake locks, and tire blocks (wheel chucks).

Rick Mansfield – Summarized the zoning law.

John Pavelock made a motion to close the public hearing. Seconded by Randy Chandler. Poll Vote: Amanda Hewitt – Aye, John Pavelock – Aye, Randy Chandler – Aye, Rick Mansfield – Aye, Vacancy – n/a. Motion Carried.

Unfinished 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.

With the public hearing completed for this application, the board briefly discussed the status of this application. Mr. Rossi also offered addition information on the application.

John Pavelock made a motion to dismiss Var2021-3 since it is outside of the TOV ZBA jurisdiction due to the request to interpret NYS Law. Seconded by Amanda Hewitt. Poll Vote: Amanda Hewitt – Aye, John Pavelock – Aye, Randy Chandler – Aye, Rick Mansfield – Nay, Vacancy – n/a. Motion Carried.

New Business: None

Having no further business, the meeting automatically adjourned at 9:00 PM.

Minutes Prepared by: Kathy M. Pavelock /s/ ZBA Secretary