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The Lansing courtroom was standing room only Tuesday, as the Zoning Board of Appeals (ZBA) began hearing arguments for and against an appeal that, if successful would rescind a building permit issued to the Lansing Rod & Gun Club to 'swap' locations of shooting ranges on club property.  Tim Farrell and Lisa Ruzicka, whose home is near a new proposed relocated trap shooting range, filed the appeal along with an unofficial Ludlowville group that calls itself Citizens for a Healthy Salmon Creek Watershed.  Ruzicka said the whole process has been biased (toward the gun club).

"The Code Enforcement Officer did not follow town law, specifically Article 10," Ruzicka passionately charged. She went on to say, "I believe if the Lansing Rod & Gun Club expands their trap shooting ranges 500 feet from Tim and my home, the lead dust in the air, the lead dust collected on the ground that we track in our home, and the lead seeping into the groundwater... and there was never environmental assessment done... could be detrimental to the health and the quality of our lives."

The hearing began with ZBA Chairman Hurf Sheldon polling the members to see if they could render an unbiased judgement when called upon to vote on the challenge to the building permit.  Alternate ZBA member Melanie Malone recused herself from the proceedings, leaving Sheldon and the four other regular members, Judy Drake, Maureen Cowen, Linda Hirvonen, Peter Larson, III, to proceed. 

There was some legal posturing among the attorneys for both parties, who sought to exclude testimony on either side.  Michael Perehinec, representing Ruzicka and Farrell argued that Gun Club Attorney Andrew Leja should not be permitted to testify, as the appeal narrowly covered the legality of Day's issuance of the building permit.  For his part, Leja objected to 'Citizens for a Healthy Salmon Creek Watershed' being represented as an organization, saying they are not a formal organization, and that it is for 'first party persons' to appeal, but not for third parties like the group of neighbors who make up the 'Citizens' group. He said they would have to seek injunctive relief from a court of law if they wanted to challenge the building permit.  After consulting with ZBA Attorney Paul D. Sylvestri, Sheldon ruled that the Group's leader, Ludlowville resident Gay Nicholson, would be heard, as would Leja on the grounds that he represents the landowners the building permit was issued to.


The building permit allows the gun club to move forward with a plan to swap shooting range locations, remove a shooting pavilion, and replace two trap houses on its 113 acre Ludlowville site.  The changes to the layout are in response to a federal Environmental Protection Agency (EPA) consent order to stop shooting lead shot into Salmon Creek and nearby wetlands and prevent lead from entering those areas.

The key issue in Tuesday's hearing stems from the fact that the gun club was established before town zoning, and therefore is 'grandfathered' as an allowed non-conforming use within the RA (Rural Agricultural) zone that covers Ludlowville.  While those who filed the appeal claimed that the project represents an expansion of shooting ranges on the property, Code Enforcement Officer Lynn Day said that the actual amount of land being used by the new configuration is less than the original configuration.

Attorneys for each side disagreed on the definition of 'existing non-conforming use' regarding the 'swap'. Perehinec claimed that trap shooting and pistol ranges are individual uses, and therefore the gun club should not be permitted to substitute one non-conforming use for another.  Larson questioned Perehinec on how switching the locations within one property constitutes a non-conforming use substitution.  Perehinec tried to explain that moving the locations made the moves illegal.  Speaking for the gun club, Leja said that the non-conforming use as defined in town law is 'Sportsman Club with Shooting', and the new layout of the shooting ranges and attendant buildings conforms with that definition.

Day argued that he meticulously interpreted town law in issuing the permit.  He said the DEC accepted the club's plan on November 13th,2018.  He went through each law pertaining to the project and explained his interpretation of the law, and why that interpretation led to his issuance of the building permit.

"The zoning interpretation determination and building permit was looked at like any other application, probably even closer due to everyone's emotions and concerns about this project," he said. "I looked at all of our local laws, reviewed the full project plans that the club turned in with the building permit application.  (Town engineers) TG Miller and DEC reviewed the plans for stormwater compliance.  The EPA had already reviewed the plan."

Day defended his interpretation of the law, and noted that the federal EPA and state DEC have jurisdiction over environmental issues, in this case, leaving the Town with the authority to issue a building permit, but little else.

"In 18 years of working as a New York State Certified Building and Code Officer, and issuing interpretations, and working on over 3,000 building permits, I've never had my interpretation of building permits appealed," Day concluded. "Applicants are trying to make this into a lead issue, which it is not. Environmental issues should be addressed directly to the EPA and the consent order.  Whether I agree with their concerns or not, the reality is that the ZBA should be looking at this appeal only for zoning interpretation and the building permit application, not lead issues."


Unlike previous meetings where gun club representatives and supporters were not present, at leas half the people who attended the hearing Tuesday were gun club supporters.  Opponents of the building permit were also out in force.  About ten speakers addressed the board, many with environmental concerns, and several complained that there is no credible plan to remove more than 50 years-worth of existing lead, which one speaker, Ruth Hopkins, said amounts to 200 tons of lead, from the ground and Salmon Creek area.

The Town Constable was present, and at one point nearly escorted one speaker out of the room when he refused to stop when his three minutes were spent.  Aside from periodic applause, which Sheldon asked attendees to refrain from, the meeting was civil, and more or less stayed on-topic.

Sheldon asked speakers to leave copies of their prepared statements with the transcriber to be entered into the record, and announced that the ZBA would not make a determination Tuesday.   He kept the public hearing open, saying it would resume at the regularly scheduled ZBA meeting in February.  Meanwhile he said that any written comments would be carefully considered by board members, as well as comments made at Tuesday's hearing.

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