Oppose Sand, Gravel Quarry In Residential, Rural Area

To the Editor:
The Town of Oneonta Zoning Board of Appeals on Monday, March 22, will be voting on a use variance to operate a commercial/industrial soil and gravel operation in a residential/agricultural (RA-40) zone.  The property is at 765 State Highway 205, Oneonta. 
Please plan to attend to voice your concerns regarding this non-permitted, non-conforming use. 
According to New York Jurisprudence Law 2dss367, the ZBA may not trespass on the legislative powers of the legislative body.  The town board (the legislative body) may amend a zoning regulation; however, the town ZBA cannot legislate town law from their bench! 
Under Town Law 267-b(2b), each of the four qualifiers must be met in order for approval.  If they cannot be met, the ZBA must deny the variance. 
The qualifiers are: 
1. The property in question cannot make a reasonable return.  This property can make a reasonable return and it has already having been recently sold plus subdivided and the town allows many other uses that can provide a reasonable return before a non-conforming use is approved.  
 2. This property is not unique.  Many of the properties in this area are very similar with nothing standing out as making this property unique. 
3.  If approved, this use will grossly change the character of the neighborhood.  This is predominantly a residential area.
 4. That the alleged hardship has not been self-created.  This property was purchased prior to Town approval of a use variance and therefore any alleged hardship has been self-created.
If the ZBA approves this variance, it will set a precedence anywhere in the Town of Oneonta.  This means that a mining/gravel operation may occur in your neighborhood regardless of your zoned area.  This is not just a West Oneonta or Route 205 issue. 
We urge you to attend the public hearing, be informed and voice your opinion at 7 p.m. Monday, March 22, at the Oneonta Town Hall.
RODNEY &
BONNIE JONES
Oneonta