TOWN OF ORCHARD PARK
Permit for gun shop in home rejected
By ELMER PLOETZ
News Southtowns Bureau
9/8/2005
Siding with neighbors Wednesday night, the Orchard Park Town Board turned down a request to operate a gun shop in an Errington Terrace home.
David Smith had sought a home occupation license for a small business selling guns out of his house, located in a residential area off Webster Road near Route 20.
But at a public hearing Aug. 17, neighbors went ballistic, saying they believed that would pose a threat to safety. The 10 foot-by-10 foot safe in Smith's house failed to reassure them.
"We heard clearly from the residents that they were not in favor of this request," Councilman Stan Jemiolo Jr. said.
"I looked at it from a perspective of being a homeowner myself," Councilman David Kaczor said. "You spend hundreds hundreds of thousands of dollars building a house, you don't expect a business to pop up in the home next door to you."
The resolution denying the permit said the business would be inconsistent with the town's long-range comprehensive plan, that Smith failed to adequately show a need for it, that it was incompatible with adjoining land uses and that the "health and safety of adjacent properties would be adversely affected." The vote was 4-0. Supervisor Toni Cudney, who was on vacation, missed the meeting.
Kaczor said he believed any exception should be limited to "low-impact" businesses such as beauty parlors or baseball card dealers.
Contacted later Wednesday, Smith said he wasn't surprised by the vote.
"They voted on it. There's nothing else I can do," he said.
Smith, who does most of his business at gun shows, said he was looking for a commercially zoned site.
As a result of the permit hearings, however, the board has decided to redefine allowable home businesses.
"I would suggest to the board that we revise what is a "home occupation,' " Councilman John Mills said.
The board also conducted a public hearing on allowing dogs in town parks as long as owners keep them on leashes, do not take them into some designated areas and clean up after them.
The current ordinance bans dogs from parks.
The board is expected to vote on the issue at its Sept. 21 meeting.
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