Suit says Greig Planning Board let inadequate screening slide

GREIG — Neighbors of a Brantingham self storage business are challenging the town Planning Board's recent determination that the business's property screening meets permit requirements.

"The failure of the Planning Board to correct this is an abuse of the Planning Board discretion," said a lawsuit filed Monday in the Lewis County clerk's office by Syracuse attorney John R. Langey.

Plaintiffs in the suit are Rosemary Riviecco, Kathleen E. and Kenneth R. Keehner and Joanne Mitchell, all of whom have residences neighboring T&T Storage, 7337 Brantingham Road.

The town Planning Board in October 2006 approved issuance of a special use permit allowing Tamara Ingersoll to operate a storage business at that location with a few provisions. One was that a 50-foot buffer would be maintained along property lines, using natural vegetation to block the view of the storage units from neighbors.

"The vegetation in that area was completely removed but was not replaced, such that the commercial structure was entirely visible to the surrounding neighbors," the lawsuit states.

Ms. Riviecco, a New York City attorney who has a seasonal residence across the road from the self storage business, last year sent a couple of letters to Planning Board Chairman Charles Drake complaining about the situation, according to court documents. The plaintiffs in May and June also sent letters to Town Attorney Mark G. Gebo requesting that T&T Storage be required to show compliance with the conditions of its permit.

The Planning Board in June held a hearing on the matter and, on July 8, by a 4-0 vote, ruled that the business is in compliance with those conditions. Each board member had visited the site previously, according to meeting minutes.

The lawsuit requests that the judge declare the Planning Board's decision invalid owing to it being arbitrary and capricious and direct that board to require T&T Storage to plant more trees on its property lines and oversee compliance with the buffer requirement.

The neighbors state that the business planted a few crab trees around the perimeter but suggest they don't provide adequate screening.

They also complain that town Code Enforcement Officer David E. Meade, without consulting the Planning Board and notifying neighbors, allowed the storage business to locate its driveway across from Ms. Riviecco while the site plan indicated it would be 25 feet to the west, the suit states.

Mr. Gebo said he was familiar with the situation but declined to comment since he had not yet reviewed the lawsuit.