Neighbors lend support
Zwack granted use variance



NEW SCOTLAND – With the support of his neighbors, David Zwack was able to get a use variance from the town’s zoning board to continue his decades-old business hauling limestone off Indian Ledge Road.

A few months ago, the town’s building department informed him that his operation was not a permitted use in his zone.
The business "is something I was trying to promote, not hide," Zwack told The Enterprise.

Zwack and his attorney, Mike Naughton, appeared before the town’s zoning board numerous times before the decision at the June 26 meeting that granted him a use variance.

The board stipulated in the variance that the business operate only during daylight hours; the ground surface can be altered no more than five feet; no crushing or blasting is permitted; and Zwack must maintain a 50-foot buffer around the back and side property lines, and a 100-foot buffer in the front, or existing conditions in the storage area if it does not meet the setback.
Zwack originally submitted an application of appeal to the building inspector’s decision that denied him a special-use permit for the "removal of fill, gravel or loam."

The building inspector determined that limestone does not qualify as fill, gravel, or loam.

Zwack later submitted an application for a use variance, continuing the appeal application in case that the variance was denied.

Many of Zwack’s neighbors submitted letters to the town in favor of his operation, and some voiced their support at a public hearing on the application at the May zoning-board meeting.
"Dave conducts his business in a very friendly manner" I have never, ever been bothered by his operation," said Doug Rivenburg, a nearby property owner.
"He’s been an integral part to a lot of lawns in the community," said Voorheesville resident Frank Papa of Zwack. "He’s found his niche in life. I’m for Dave to continue on his service," he said.
Steve Lysenko added, "I’ve always known him to be a fair and honest businessman. He runs a good operation."

Use variance approval requires that the applicant prove financial hardship. Naughton informed the board that Zwack had invested more than $250,000 in the business, in addition to the costs associated with the property.
"All this limestone sits on the ground," Zwack told The Enterprise. Because of the vast amount of stone and the topography of the land, the board determined that the property could not be used for any other purpose.

Zwack hauls the stone off Indian Ledge Road by hand, and stores it at his yard on Zwack Lane. Zwack picks stones of various sizes off the surface of the ground, and therefore does not consider his operation a mine.

His equipment includes two skid steer loaders, a sledge hammer, an air compressor, a Mac truck for transporting stones to customers, and three mules.
Zwack was able to continue his business while his application with the town was pending. "I was surprised to have to go through the town, but it all worked out good," Zwack told The Enterprise. "I’m just glad its over with."