LE ROY – The joint town-village Zoning Board of Appeals, in response to a ruling by Acting Supreme Court Judge Mark J. Grisanti over the weekend, must schedule a public hearing by Dec. 18 on an application by the owners of Frost Ridge Campground to hold live music concerts.
Grisanti’s ruling prohibits the Town of Le Roy from conducting a public hearing of its own – which was scheduled for this Thursday – to dissolve the current five-member zoning board and form a town-only board of three members and one alternate.
“The Frost Ridge people challenged our action and the ruling was in their favor,” said Town Supervisor Stephen R. Barbeau. “I plan to meet with our attorney (Reid Whiting), find out exactly what was said by the judge and determine where we go from here.”
Following last month’s elections, where Barbeau was elected to a second term, the Town Board voted unanimously to end an 11-year-old zoning board agreement with the village.
Barbeau said the Town Board didn’t think the current zoning board could rule impartially in light of a previous ruling by Genesee County Supreme Court Justice Robert C. Noonan.
Noonan ruled that the current zoning board of appeals did not follow proper procedures, including failure to issue notice of a public hearing, in allowing Frost Ridge to conduct concerts on land zoned for agricultural-residential, not commercial, use.
Noonan also determined that the matter should be ultimately decided by the current board – a decision supported by Grisanti.
Frost Ridge owners David and Greg Lueticke-Archbell did hold concerts earlier this year on a limited basis, per Noonan’s orders, pending a public hearing by the zoning board. They contend that since the current board members were appointed for a set term, they should be allowed to complete their work.
The Town Board and two families who live near the campsite have filed lawsuits alleging violations of the zoning laws.