The Peru Gazette

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By John T. Ryan

Peru – Peru’s zoning law may be undergoing changes. At the Monday February 24, 2020 Town Board meeting Peru resident/Signs Now owner Kevin Soucia asked if Peru’s sign ordinances could be simplified. He said he erects signs in many area towns with few problems; however, Peru is the only town that requires planning board site plan review for the erection of a sign that conforms to the zoning law. In other towns signs conforming to the ordinance are approved by the Code Enforcement Officer (CEO) in a matter of minutes. In Peru approval can take from 30 to 60 days. Supervisor Brandy McDonald said he checked with the Town of Plattsburgh and that Soucia was correct.

CEO Bob Guynup responded saying he has several more recommendations for changes in the zoning law. Guynup will work with Town Attorney Matt Favro to put his recommendations in writing. Any changes would have to go through the formal public hearing process.

Preparations for the sewer system upgrade are progressing. Water-Sewer Superintendent Courtney Tetrault remarked, “We’re in good shape.” Seven easements are still outstanding. A few of the the unsigned easements involve residents enjoying the winter months in the sunny south. A sewer project workshop is scheduled for March 2nd at 6 p.m. at the Town Hall. The public is invited.

Holding up newspaper photos of winter youth activities in other towns Counselor Kregg Bruno said he would like to see more organized winter activities in Peru. He mentioned sledding, hockey and snowshoeing. The Board recommended that the subject be brought up at the Youth Commission’s next meeting. Bruno also asked if a second light could be installed at the Sullivan Park ice rink. Courtney Tetrault will look into the matter.

Salt applications have deteriorated pavers in front of the Town Hall. They will be replaced.

Counselors Melvin Irwin and Kregg Bruno expressed disappointment with the February 19th Zoning Board decision to deny a use variance for the former Apple Blossom Florist property at 25 Pleasant Street. Local entrepreneur Matt Murphy would like to purchase the vacant building for use as a temperature-controlled self-storage facility. The Zoning Board voted 3 to 1 against granting the variance. Town Attorney Matt Favro commented that zoning boards are sometimes reluctant to set a precedent. He said he has explained to the Zoning Board that one decision does not have to set a precedent if the decision is reasonable. Favro was unable to attend the February 19th meeting. He said he attends Zoning Board meetings when requested to do so by either the Code Enforcement Officer or the Zoning Board of Appeals Chairman.

Highway Superintendent Michael Farrell reported that overtime expense are down almost 20% compared to last year with 1,103 hours this year versus 1,368 hours last year. Some employees take compensatory time rather than overtime pay further reducing overtime costs.

Farrell will travel to Albany on March 4th to participate in the annual Consolidated Local Street and Highway Improvement Program (CHIPS) lobby day. Local government officials appeal to state legislators to increase or maintain highway paving monies.

Farrell also reported that the Town’s sidewalk blower needs to be replaced. Several thousand dollars have been spent on parts this year. The machine was purchased in 2012 at a cost of $35,265.

The Town will pay about $20,000 for seven-year extended warranties on its two new plow trucks. Mike Farrell said it’s a good investment given the high technology incorporated in today’s complex equipment.

Courtney Tetrault reported that one of his Water/Sewer personnel slipped and fell suffering an injury. He was brought to CVPH for treatment.

Dog Control Officer Dave Drollette reported that almost 600 dogs are licensed in the Town. Drollette works with dog owners to get the licensing accomplished. He prefers to avoid court action.

Last Sunday the Town Hall boiler stopped working. Parts could not be immediately located; therefore, Supervisor McDonald purchased an electric heater at a cost of $299. The Town Hall was warm Monday and the staff was able to work. The parts arrived on Tuesday.

At 6:52 p.m. the meeting adjourned to an executive session to discuss a real estate issue.

New York State Department of Environmental Conservation (DEC) Forest Rangers respond to search and rescue incidents statewide. Working with other state agencies, local emergency response organizations, and volunteer search and rescue groups, Forest Rangers locate and extract lost, injured, or distressed people from the backcountry.

Town of Clifton
St. Lawrence County
Wilderness Rescue: On Feb. 15 at 10:02 a.m., St. Lawrence County 911 transferred a call to DEC’s Ray Brook Dispatch reporting a snowmobile accident on the Grass River Easement in the town of Clifton. Forest Rangers Will Benzel, Peter Morehouse, and Nathan Shea responded to the location to assist Cranberry Lake Fire and Rescue. A 26-year-old male snowmobiler from Pennsylvania sustained significant injuries after being ejected from his snowmobile after hitting a tree. At 12:15 p.m., the man was flown by Life Flight to a nearby hospital and all personnel were cleared of the scene.

Source: How to prepare for coronavirus in the United States – The Washington Post

Charles Remillard and friends. Source: ‘The Good Boys’ from Denver to compete at the US Olympic Team Marathon Trials | 9news.com

The St. Augustine’s Church – Peru Community Church volunteer cooks are working on today’s dinner to be served from 4:30 to 6:30 p.m at the St. Augustine’s Parish Center. It sounds delicious!

Home-made cream of broccoli soup
Macaroni and Cheese
Bread
Dessert

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Assemblyman Billy Jones (D-Plattsburgh) announced he is seeking nominations for his fourth annual Women of Distinction Awards. The ceremony, which honors and recognizes extraordinary local women, will take place on Saturday, April 25. Nominations must be received by Sunday, March 29.

“My Women of Distinction Awards are the perfect opportunity to thank some of the many extraordinary women who make the North Country a better place for everyone,” Jones said. “These women help and inspire countless members of our community every day, and they deserve to be recognized for their hard work and dedication.” Read more »

TOWN OF PERU

1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVAL of January 8, 2020 minutes.
5. OPEN FLOOR to public hearing
6. APPLICATIONS:

1. Major Subdivision of Phase II with SEQR: P-2005-032 Winter Lane, LLC

Major Subdivision – Final as built Review of Phase II

279.-1-27

Mannix Rd. and Washington St.

Peru, NY 12972

2. 2-Lot Minor Subdivision with SEQR: P-2020-001 Joseph H. Desotell

2-Lot Minor Subdivision

270.-1-62.21

68 Cayea Rd.

Peru, NY 12972

3. Merge with SEQR: P-2020-002   Joseph H. Desotell

Merge

270.-1-62.21/270.-1-62.25

68 Cayea Rd.

Peru, NY 12972

Washington, D.C. – Congresswoman Elise Stefanik announced the beginning of the 2020 Congressional Art Competition. Each spring, the House of Representatives sponsors a nation-wide high school arts competition as an opportunity to recognize and encourage the artistic talent in New York’s 21^st Congressional District. The Congressional Art Competition is open to all high school students in the 21st District. The winning artwork will be displayed for one year in the U.S. Capitol. The exhibit in Washington will include the winning artwork from all participating districts around the country, and this artwork will also be featured on House.gov‘s Congressional Art Competition page. Additionally, the winner will receive airfare for two to attend the formal Congressional Art Competition ceremony in June.

“Each year, it is a privilege to select artwork created by a talented young person from the North Country to be honored in the U.S. Capitol,” said Congresswoman Stefanik. “I encourage all interested students in my district to submit their original work by Friday, April 17^th to any one of my district offices in Glens Falls, Plattsburgh, or Watertown. As co-chair of the Congressional Arts Caucus, I look forward to highlighting our creative students and their artwork.”

A list of rules and the submission form can be found at https://stefanik.house.gov/services/art-competition.

Tired of all the bad news? Ready for some change?

Well, we have just the thing to help. Come on out to the Peru Town Hall at 7 pm on Thursday, Feb 27th to meet up with locals who feel the same way.

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February 25, 2020

Former Speculator village clerk-treasurer Bonnie Page was charged with grand larceny and corrupting the government for allegedly scamming the village out of $25,988 for health insurance benefits for her family, State Comptroller Thomas P. DiNapoli announced today.

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By John T. Ryan

Peru – LALO Properties, LLC owned by Matt Murphy of Peru would like to purchase property owned by Rulfs Orchard LLC (the former location of Apple Blossom Florist) at 25 Pleasant Street for use as a temperature controlled self-storage facility. Peru’s zoning law permits self-storage facilities in some zoning districts but not in the district where the property in question is located. Murphy’s purchase is contingent on the Zoning Board’s approval of a hardship use variance. At its Wednesday, February 19th meeting the Peru Zoning Board of Appeals (ZBA) denied a variance for the property by a vote of 3 to 1.

Obtaining a hardship use variance is purposely difficult by law. According to NYS Department of State guidelines, “As the use variance grants permission to the owner to do what the use regulations prohibit, this power of the board of appeals must be exercised very carefully lest there be serious conflict with the overall zoning scheme for the community.”

Four requirements must be satisfied to grant a hardship use variance. “In order to grant a variance upon the ground of unnecessary hardship, the record must show that (1) the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; (2) that the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; (3) that the requested use variance, if granted, will not alter the essential character of the neighborhood; and (4) that the alleged hardship has not been self-created.”

After reviewing submitted documentation including a petition indicating ten neighbors have no objection to the proposed use and comments by the applicant’s attorney Tom Murnane, real estate appraiser Derick Rosenbaum and realtor Tina Covey, the Board concluded that the first three use variance requirements had been satisfied. Three of the four members did not reach the same conclusion on the fourth requirement, a self-created hardship.

Board member Sean Lukas noted that the property has been on the market for several years; therefore, he didn’t believe the hardship was self-created. Board members James Falvo, Terry Aubin and James Bosley disagreed.

Jim Falvo said it appeared that Rulfs was requesting continuation of a non-conforming use. He said, “Rulfs knew it was operating as a non-conforming use to begin with.” Later he said, “I struggle with the owner’s decision to change the use of the property.”

James Bosley said a 2013 change in Peru’s Zoning Law lessened zoning restrictions on the property. He suggested if the Town wants self-storage facilities at this location changing the zoning law would be the proper remedy. Terry Aubin said he wasn’t convinced that the hardship wasn’t self-created.

The property in question has been a business location for decades, first as a farm equipment dealership and then as a flower shop. When zoning was enacted the property’s zoning district changed to one permitting single-family residential plus several permitted and special permitted uses. Rulfs purchased Apple Blossom Florist in 2012 when it was operating as a non-conforming use permitted by virtue of the zoning law’s grandfather clause.

No business has been conducted at 25 Pleasant St. since September 2016 when Rulfs moved the flower shop to its new farm stand on the Bear Swamp Rd. According to zoning regulations if a non-conforming use property is idle for more than 12 months the property loses its grandfathered status. The property has been listed for sale for almost four years. About 12 months ago the Board approved Rulf’s request for an area variance permitting the property’s use as a two-apartment building.

Attorney Tom Murnane contended Peru’s zoning law has become more restrictive, not less restrictive, since Rulfs purchased the property. He also cited a legal case where he said the NYS Supreme Court Appellate Division ruled it was proper to take changed circumstances into consideration. Murnane contended that over the course of time marketing flowers has changed noting that several small local flower shops have closed and flowers are being sold at grocery stores and online. He stated, “When you look at a period of 6 or 9 years and realize it isn’t profitable anymore I don’t think it’s a self-created hardship.” Town Attorney Matt Favro was not able to attend Wednesday’s meeting; therefore, the Board did not have the benefit of his legal knowledge prior to voting.

Asked for his reaction to the Board’s decision Jon Rulfs stated, “I’m disappointed. This is the first offer we’ve had in four years.”

Rulfs Orchard has 120 days to appeal the Board’s decision to the New York Supreme Court. As of Friday, February 21st, Jon Rulfs had not decided if he would appeal.

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