The Town of Victor Zoning Board of Appeals met April 7 and rendered a key interpretation on the permitted use of a tree service business in a Light Industrial zoning district while tabling decisions on two area variance requests for further review.
Board Determines Tree Service Operation Qualifies for Special Use Permit
The board unanimously determined that the business operation at 7548 County Road 42, Stewart Tree Service, qualifies as a use of similar character to those permitted in the Light Industrial district, but not explicitly listed. As such, the applicant will be required to obtain a special use permit from the Planning Board.
Attorney Paul Shanahan, representing the business owner, argued the operation should be considered either an office use or a service industry serving other businesses. He noted that the business primarily performs tree removal for commercial clients and insurance companies, not the general public, and that the on-site office is used for administrative purposes only.
Board members discussed whether the business fit squarely within the definitions of “office building” or “service industry” as described in town code. While acknowledging the site was well-maintained and cleaned up, the board concluded that the business did not fall under any explicitly permitted use. Instead, the board found that the operation met the criteria for “a use of similar character to the permitted uses,” thus triggering the need for a special use permit under Section B(5) of the code.
A resolution confirming this interpretation passed unanimously. The applicant was advised to pursue site plan approval and a special use permit through the Planning Board.
Champion Reserve Shed Variance Decision Postponed
The board also held a public hearing on an area variance request related to an existing 8×12-foot A-frame shed at Champion Reserve Townhomes, 552 Championship Drive. The shed, used to store snow removal equipment and salt, is located in front of the primary structure, which requires a variance.
Board members discussed the lack of viable alternative locations due to grading challenges and stormwater swales across the property. Although Code Enforcement Officer Adam Cummings suggested other possible sites, they would also require variances.
One board member voiced concern about setting a precedent for similar sheds in the development, potentially impacting neighborhood aesthetics. The applicant agreed to a condition limiting the site to one shed but ultimately requested to adjourn the application to the May 5 meeting to allow full board attendance.
North Road Garage Request Requires Additional Information
Brendan and Lauren Harriff appeared before the board seeking two area variances for a 28-by-35-foot detached garage at 7600 North Road: one to allow placement forward of the primary structure and one to reduce the front setback from 40 feet to 5 feet.
The applicants explained that their home is built into a steep slope, limiting viable locations for the garage. Board members requested additional documentation, including a topography map and comparative cost estimates, to better assess whether a reduced variance or alternative siting could be feasible.
No vote was taken, and the Harriffs agreed to return at a future meeting with the requested materials.
Additional Actions
The board approved the minutes from the March 3, 2024 meeting and acknowledged that further review would be required on postponed applications due to the absence of a board member.
The next meeting of the Victor Zoning Board of Appeals is scheduled for May 5.
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