Newark Zoning Board nixes Euro-Rail addition
By John Zornow  

The Newark Zoning Board of Appeals, at yesterday afternoon's meeting, voted to reject a proposal to expand the building owned by Euro-Rails Model Importers. The request had been made by Alfred Muniz on behalf of Sherral LLC, to construct a 32 x 40 ft. addition to the building at 1000 South Main St.

The company required a use variance from the Board, to allow light manufacturing in their B-2 district. (In a General Business District, B-2, permitted uses are community center, private club, bank, business office, hotel, retail business (excluding gasoline station), school, restaurants, and bar.

Last week, the Newark Planning Board recommended approval of the project, in which the Muniz's would be allowed to build the addition and operate two 55-ton plastic injection molding machines.

Several residents of the Rose Drive, Lea Drive, and Charlotte St. area appeared before the board to voice concerns over possible noise, continued expansion, and other impacts on the surrounding residential (R-1) neighborhood. In a prepared statement, read by Shirley Lancaster of Newark, Charlotte St. resident Barbara Meeks objected to the usage of the building and pointed out the availability of other sites at which the new manufacturing operation could be constructed.

Burden was put upon the applicant, to demonstrate that the current zoning of the property had caused unnecessary hardship under village law, section 7-712-b. For a use variance that is a change for the lifetime of the property, the applicant is further required to show:

• that under applicable zoning regulations, the applicant cannot realize a reasonable return, and demonstrate that lack of return by financial evidence.
• that the hardship is unique, and does not apply to a substantial portion of the district or neighborhood and ,
• that the variance will not alter the essential character of the neighborhood.
• that the hardship is not self created.

Zoning board member Tim McCusker in making the motion to deny, quoted a successfully challenged case, and reminded all that the applicant had not demonstrated adequate financial hardship, only a more profitable use.

The final vote to deny was 3-1, with board member John Bailey asking to abstain due to possible conflict of interest. Voting no were Tim McCusker, Kathy Morse, and John Zornow. Board Chairman Jim McHale voted yes.

top of page

Copyright © 2000
Courier-Gazette, 613 S. Main St. Newark, N.Y. 14513
All Rights Reserved