[0:00] I pledge allegiance to the flag of the
United States of America and to the
[0:04] republic for which it stands. One nation
under God, indivisible, with liberty and
[0:10] justice for all.
[0:14] » Now, the first order of business is the
minutes from February.
[0:22] Has everybody had a chance to review
them?
[0:25] » Mhm.
>> Yes.
[0:28] And Paul, are you good on them?
>> Uh, I was good. Yeah, assuming that the
[0:33] just the one correction was made that
they discussed.
[0:37] » She did. Yeah.
>> Yeah. So, I think um
[0:41] » yeah, they somehow with it. Yeah.
>> Uh, can I have a motion to approve the
[0:45] minutes?
>> I make a motion. Second.
[0:48] » All in favor?
>> I I
[0:52] All right.
[0:57] And the first order of business tonight
is a area variance for
[1:04] Mr. Harris
here.
[1:13] 161 Columbia Hill Road.
[1:19] Uh Brandon, can you give us a brief
summary of what you're planning up
[1:22] there?
>> Yes. So, I currently have two existing
[1:26] garages, two car that sit adjacent to
each other. There a small gap between
[1:31] them. And I'm looking to take both of
those down, replace them with a similar
[1:36] size 30x60.
So, we'll pretty much fill that same
[1:41] foot, the two existing structures.
[1:45] So, uh according to this application, so
the requested dimension here, 3.8,
[1:50] that's uh 3.8 8 ft from the property
line. Is that the closest that the
[1:55] garage get?
>> So on the map,
[2:03] » it's going to be those two structures
there.
[2:05] » And that's the closest
to the boundary is on the corner of that
[2:09] one. It's slightly skewed from the
property line.
[2:13] » But I was just looking to maintain that
rear line of those two structures and
[2:18] build. But they would bas this would
just basically become one
[2:21] » one structure.
>> Yes. There should be another drawing on
[2:26] there that I
>> like sketched over top of
[2:29] » that one.
>> Yep.
[2:31] » Okay.
>> Yeah, that's just a rough.
[2:39] » Is the height roughly the same as the
>> That's going to be slightly taller.
[2:42] Those are going to be 12t walls with a
412 pitch roof. So it'll be slightly
[2:48] taller than what's existing. Currently
it's a 8ft wall with like a 312 pitch
[2:53] roof on it. It's still meeting that.
>> I see one correction on your
[2:58] application. There you are limited to 20
ft for an accessory structure.
[3:02] » I don't know if that'll come into play
for you.
[3:07] Uh but you can get a variance for the
height too if
[3:10] » you want to pursue it,
>> but code is 20 ft
[3:13] » for height
>> or for height.
[3:14] » Okay. So I don't know how you're let's
see
[3:18] » putting it together.
>> Yep.
[3:20] » But again should be under on that.
>> Yeah. On a 412 with the 12T wall. It
[3:26] should be under on that
[3:30] accessory.
>> And also for accessory structure u
[3:37] they're down at 20 ft. Not that it helps
your situation too much here, but um or
[3:42] is that considered a rear set back? No.
The way you have it designed technically
[3:47] is
>> right.
[3:48] » Yeah, that's
side step set back. So,
[3:51] » so it's restructured at 20 ft.
>> Well, only 20 ft is required.
[3:55] » Only 20, right?
>> Less I guess.
[3:58] » Little less than what you're
>> less than the 25.
[4:00] » We have to adjust.
>> The max he site is 20 ft.
[4:03] » Yep.
>> Mhm.
[4:04] » Yeah. Yeah, it should be under by the
time it's all said and done with that.
[4:07] » Under 20 ft.
>> It would be.
[4:09] » Okay.
>> Yeah. With 412. It's a very shallow
[4:13] pitch roof on it. So,
[4:21] all right.
[4:25] We have any other questions?
I'll uh schedule a public hearing for
[4:31] your
>> neighbor aware. Yes.
[4:35] discussions with them. They're all
[4:41] » the public hearing will be for
April the 16th
[4:46] 7:00.
[4:52] Very good. Okay. So, do we need to we
need to vote to set that public hearing,
[4:56] right? So, I'll move that we set the
public hearing for April 16th at 7
[5:00] o'clock.
>> I'll second. All in favor?
[5:04] » I
>> I
[5:08] got
you.
[5:19] » Question. Did you guys want to keep that
or give it back to
[5:23] the copy?
>> I got a copy.
[5:25] » I think we all do. I think this is
>> Yeah.
[5:30] and I'll just
>> I'll let you know when I'm coming.
[5:37] Thank you.
[5:59] Next up is a public hearing for a use
variance application
[6:04] for 360
[6:08] Sners Corners Oh,
[6:27] could you raise a hand
[6:34] on Thursday, March 19, 2026?
Hotel 38 Davis Drive
[6:42] to review the new application submitted
by Christina to change the use of the
[6:47] building from office and storage for
plumbing business to office and storage
[6:51] warehouse located.
Copies of the application and supporting
[6:57] documents are available at the town hall
and are available for public inspection
[7:01] during regular business hours. All
interested will be heard at the public
[7:14] We can open the public hearing, but I
would ask everyone to any comments,
[7:19] questions, and direct them to the board
and keep the conversation civil.
[7:25] » What's being proposed exactly?
uh a use variance to um what was
[7:32] previously a um office storage for a
plumbing business. They want to just
[7:38] open it up to a general open warehouse
storage operation.
[7:44] Eliminate the plumbing
business part of it.
[7:49] » Change of ownership.
Change of ownership.
[7:53] » There will be is my understanding. I
mean from the original
[7:58] from the original variance
>> when was your
[8:02] » there was an already one. So it was
something that was grandfathered in
[8:06] whenever the zoning was put in place.
The plumbing business was there and so
[8:08] it was allowed to continue.
>> That owner is gone.
[8:11] » That owner Yeah. So uh yes Christina is
now uh bought the property from that
[8:16] person some time ago. Well I think you
mentioned in the letter that you
[8:19] actually obtained it by foreclosure.
>> I I did. That's that is how I how I
[8:23] obtained it. Um, so I I've owned it for
3 years. We the the business has still
[8:29] been operating out of there. Um,
but the person who, you know, obviously
[8:35] who had owned the building defaulted, so
I took ownership of it. Um, I've tried
[8:40] to sell it and with selling it as a
business um, for plumbing only. I've had
[8:47] two or two contracts fall through
because they were told that it was only
[8:52] for it was residential actually. Um so
they backed out of it and now I have
[8:58] another contract and one of the
contingencies in the contract is that I
[9:02] get it the plumbing dropped and it's
just office and storage um and
[9:08] warehouse. And at the last meeting, we
had discussed um possibly doing a list
[9:13] of businesses so it wasn't so vague. And
that's what I presented in
[9:19] » the additional letter. Um and I I think
that they're all pretty much like the
[9:24] same
>> but just you know like just said. So it
[9:29] would be property management maintenance
office with equipment storage, vehicle
[9:34] and boat storage, real estate
construction, electrical and plumbing
[9:38] office with storage, warehouse space
with no showroom uh for internet sales
[9:43] overflow. So if I was to sell something
or the new owner was to sell stuff on
[9:48] the internet, they would be able to
house the product in the warehouse
[9:52] space. Um and then equipment and tool
storage
[9:56] and it would be inside.
[10:01] So all these things that nothing would
overflow up.
[10:04] » No, it's not going outside. Again, we
talked about last time like the property
[10:08] maintenance. You know, he could have a
pickup truck or a skid steer. Yeah, they
[10:13] could possibly There's a space behind
the building. That stuff could be parked
[10:19] behind the building. I mean, the stuff
is parked behind the building now. I
[10:22] mean, I think there's a boat trailer
back there now. Um, the equipment's
[10:26] probably not back there right now cuz
it's on job sites, but when it's not on
[10:30] a job site, it comes back and it's
parked there now. So, in reality,
[10:34] nothing's changing.
[10:46] » Anyone else to open the public hearing
first?
[10:49] » We have to open the public hearing
first.
[10:52] » All right. I'll make a motion we open
the public hearing.
[10:55] » Second.
>> All in favor?
[10:57] » I.
>> And now, anyone have any comments,
[11:01] questions?
[11:08] » I'll speak. My name is Matt Cypriion. I
am the prospective buyer of this
[11:13] property. Um,
my my wife and I own other properties.
[11:18] This is going to be somewhere to just
store our equipment mostly inside. As
[11:21] Christina said, the truck might be
outside the back, but there's not going
[11:25] to be
it's it's going to be for our use. It's
[11:29] me, my wife, and my son. That's it. So,
there's we don't have a field a field of
[11:35] employees. We don't have, you know,
whatever. And um I I own other
[11:40] properties that that in the town of
Waterford and North Greenbush and and I
[11:44] I certainly can give you the addresses
to show you that we're not looking to
[11:49] slum anything up. you know, I understand
what the environment is and where it is
[11:52] and it's in somebody's residential
neighborhood and we will certainly be
[11:56] respectful of that. Um, but we we are
certainly looking to
[12:01] use the building as it is and has been
for however you want.
[12:10] » Um, I have a question.
>> Sure.
[12:12] » Um, when you filled out your form,
>> Yeah. There was like question four and
[12:16] five you didn't answer but one of the
other questions on the back is number
[12:21] 20. Has the site of the proposed action
or an adjoining property has been
[12:26] subject to remediation um ongoing or
completed for hazardous waste?
[12:32] » It's not it's not that property is not
adjacent to that. So you're talking
[12:37] about the corner property that's being
remediated. It's not adjacent. There's a
[12:40] piece of property in between it.
But isn't the piece of property, the
[12:46] garage, let's say, uh, behind that there
is where all the tires are.
[12:51] » Could I interrupt just Stephanie? Are
you getting everybody's names? Normally
[12:54] at the public hearings, the people
identify themselves and don't cross
[12:58] talk.
>> I know some of them. So I am
[13:00] » and they don't cross talk. They go
through the uh
[13:03] » Okay. So as far as the remediation
portion of the what he's talking about,
[13:09] the remediation is on the corner piece
of property. It's not on 354 342. 354
[13:17] and 342 are in the middle. You have the
corner over here and then you have the
[13:22] building to the left. We're talking
right now about the building on the
[13:25] left. The remediation is all the way on
the corner. It's not adjacent to that
[13:28] property.
[13:32] » So, has that property been subdivided
already? Is this
[13:36] » No. No. I've never I've never owned any
of it that and then subdivided it. No.
[13:41] No. Are you talking about when I was
here before the sub?
[13:44] » It was approved.
>> Again, those two pieces of property are
[13:48] not part of the remediation project.
>> Those two, it has been approved to
[13:52] subdivide the house out. I haven't filed
the map yet. I just got it stamped by
[13:56] the county yesterday or the day before.
>> Okay. So, the variance that we're
[14:02] talking about is strictly for the
property in which
[14:04] » the variance that we're strictly talking
about 360. It's the building on the
[14:08] left.
[14:16] Okay. So, I mean the questions that I
had from last time, I mean it looks like
[14:19] you at least um
somewhat addressed them. One, so the
[14:26] competent financial uh uh analysis show
>> So, I tried to I tried to say, okay, I
[14:34] can I can't rehab the building to build
a house. That's that's ridiculous. So, I
[14:39] got approved to tear it down
>> and I got I called CGM Construction and
[14:45] got quoted $400 a square foot to build a
house. Okay.
[14:50] » So, you're talking about minimally
$400,000 and that's just to construct
[14:54] the house. That's not to put in the
foundation or anything of the sort, but
[14:57] I'll say $400,000 because I can do the
foundation myself, right? Mhm.
[15:02] » Or I did a I did a prefab and just the
building itself for I think it was 1,200
[15:10] square ft was 125,000. But then I have
to have all these other subcontractors
[15:15] come in, electrical, plumbing, the
foundation, the site work, the water,
[15:19] the septic or the sewer if I want to
connect. Like all of that just adds to
[15:23] it. I don't have the money to do it. So
it is a financial hardship. So I just
[15:28] want to sell it and be done with it.
Okay. And that's understandable. It's
[15:33] just the requirement that you've done.
>> But I tried to answer I tried to give
[15:38] you as many different options that I
could. Um I can't I can't turn the
[15:45] building as is into a house.
>> Right. I mean, and that's like the the
[15:50] two options are basically a house or one
of the you know, there's a number of
[15:55] options that are businesses that you can
run in a residential zone. There's not
[15:59] too many. uh or the plumbing business
obviously. So um as long as you've
[16:03] considered all those I think that's what
we were asking
[16:08] and then the other one is um about
whether it's a self-created hardship or
[16:12] not. Um so
>> so I don't feel that I self-created it.
[16:16] Um I somebody took a loan out from me,
>> used it as collateral and then didn't
[16:23] pay the loan. So, I had no choice. But
>> that that was my question was whether it
[16:27] was uh you foreclosed on somebody or
whether you picked it up at
[16:31] » No, no, no. I I did the foreclosure
proceeding.
[16:37] » Oh, so you foreclosed on it.
>> Correct. Okay.
[16:40] » Like I was the lender.
>> Okay.
[16:48] » Um and then where was this list of
things that you were? So in the letter
[16:54] that I drafted,
>> oh this one towards the second
[17:00] » the second to last paragraph.
[17:10] » Okay. So, uh, property management
maintenance office with equipment
[17:15] storage.
[17:26] Okay. So, I mean, the suggestion is that
this would be almost exclusively inside.
[17:32] Is that right?
>> Yeah.
[17:33] » Okay. again. But I I can't say that
we're not a truck isn't going to be
[17:38] parked outside or a piece of equipment.
There is a section behind the building
[17:43] that is an open space. So it will I'm I
mean you're going to see stuff in the
[17:48] back if you drive and stop. They'll be
you can't limit you know what I mean the
[17:54] guy.
>> Yeah. I mean Yeah. I mean so we're not
[17:56] talking about you know a truck or two
outside but Yeah. So
[18:00] » there's not going to be shelves of
>> I don't know like whatever's going on
[18:04] behind you over there is what I'm trying
to make sure that it's not
[18:08] » Yeah, exactly.
>> So I'm not sure where the I know that's
[18:10] not you.
>> Um
[18:17] now will the trailers that are parked
there now will they be gone?
[18:20] » So they're not on the property of 360.
They're at 354.
[18:23] » Okay.
[18:29] I think not sure how related it is but
the
[18:35] so what is the situation with those
other properties which were subdivided
[18:38] as the
so we act on this this property and then
[18:43] the other two are still limited to the
plumbing business.
[18:46] » No
but Paul has identified one issue that
[18:50] one of your conditions if you do grant
approval would be the finalization of
[18:54] your subdivision. So you know how you
said you filed this
[18:59] » they can as part of what they do they
can require that that be done because
[19:04] that's a parcel
>> there they're separate parcels though it
[19:07] has nothing to do
>> this parcel wasn't part of the
[19:09] subdivision application
>> it's totally separate
[19:12] » totally separate
>> then I am mistaken and I was mistaken
[19:16] why why are all these
>> I think because the map show I assume
[19:19] you own all three properties so but just
360 is its own lot the
[19:26] for this issue should be ignored
essentially.
[19:29] » So I understand 360 was a prior existing
lot uh prior to you doing your
[19:35] subdivision on other parcels.
>> 360 has always been separate one parcel.
[19:40] 354 and 342 which are in the middle are
one parcel. And then the vacant land
[19:47] that doesn't have address is one parcel.
They've never been three. The three of
[19:52] them have never been one. So 30 years
ago, the people that ran the plumbing
[19:56] business weren't the same people that
own those other parcels.
[19:59] » No. See, this is helpful. We're getting
to the bottom of it.
[20:03] » Okay. So, I misunderstood that.
>> I did, too. I did, too.
[20:08] » Um, okay. So, yeah. So, we're only
talking about that.
[20:14] » Now, if we go back further, when Huittz
owned it, Huittz owned all of it. Then
[20:19] the plumbing business bought the the
small piece where the plumbing No. Um
[20:25] the the plumbing business bought it from
Valenni.
[20:29] » So I think that
>> Valenni must have bought it from
[20:33] » Yeah.
>> So
[20:36] I I don't know. But
>> we're going back 40 50 years ago.
[20:39] » I'm only here for 360. I'm just
>> right
[20:42] » talking about the one building.
>> I don't know anything else.
[20:45] » So at some point 50 60 years ago, 70
years ago, maybe it was owned by one
[20:50] owner. Maybe he who knows. But since the
Valentes probably took it, it's been on
[20:55] a separate parcel.
>> Correct.
[20:57] » Okay.
>> And with the last meeting, there was a
[21:01] there was a map attached that showed
very clearly the lot lines. And
[21:05] » I thought those were proposed lots.
[21:10] » I think that
>> and Mr. Crian is here. So, you have a
[21:14] rare opportunity to ask the proposed new
owner exactly what the intention is with
[21:20] the uh the building and land.
>> If he wants to elaborate on that.
[21:25] » Yeah, like I said, I have right now I
have a skid steer. I have uh two plow
[21:31] trucks and I have um two trailers that
I'm going to I'm going to put there. And
[21:36] my intention is to put them in the back
away from everybody so you can't see. I
[21:40] know on the side with the propane tank,
you can see that from the road. I'm not
[21:44] opposed to putting a fence uh uh
stockade privacy type fence there to
[21:49] keep that from from out of view because
again, I understand where it is. But um
[21:54] you know, there's not anybody that knows
me knows I'm not a mechanic, so I will
[21:59] not be there uh working on whatever.
It's more or less to keep my stuff in
[22:04] out of the weather because right now
it's at one of my other properties just
[22:07] sitting out in the weather 365 days a
year and I'm looking to correct that.
[22:13] » So, Mr. Criani, you're going to inside
the building maybe store some vehicles
[22:19] or
>> Yep. And and uh potentially outside
[22:23] there there will probably be um trailer
a I have a dump trailer and a 16T flat
[22:30] deck trailer.
And um you know, as far as there's not
[22:34] going to be shelves, there's not going
to be piles of whatever out there. Um
[22:39] you know, I won't say that my truck
won't be out there if I'm doing
[22:42] something in the garage and I need the
space. But as far as
[22:47] inventory for sale and you know there
won't we're not doing
[22:51] » no retail sale from that site. Gotcha.
>> Did that prompt any question from the
[22:55] board member? Board members. No, I I am
all my questions and concerns have been
[23:02] addressed through the paperwork and and
the letter that have been provided. So,
[23:09] » and uh I don't know if you asked this
last time, but uh Mr. Cypriani, would
[23:14] you be putting up any new kind of
signage or anything?
[23:17] » No.
>> Okay. Would you need any kind of
[23:20] building permits uh for your proposed
use? Are you renovating it at all? Um I
[23:26] I plan on doing something with the
outside, but I'm not it at this point
[23:30] I'm not 100% sure what I'm going to be
doing. So I don't know, you know, and
[23:35] and I I know um
>> right. I you know, I'm not sure if I'm
[23:40] just going to paint or we're going to
siding up or how that and and I know uh
[23:44] Tracy Church, so I can certainly reach
out and discuss it with him
[23:48] » as it moves forward to
>> make sure that we're all in
[23:52] » right
>> agreement. If you are going to be doing
[23:54] certain things with the building, you
may need building permits. And depending
[23:58] on what you do outside, you may need
some site plan approval.
[24:02] » Okay.
>> Uh but for their purposes, I think you
[24:05] gave them a good flavor for what the
intention is for the for the building
[24:09] and grounds.
>> Yeah. To be honest, it
[24:14] would if you remove the word plumbing,
we're going to fit in what the existing
[24:18] use has been. We're not, you know,
again, it's not going to be a retail
[24:21] store. There's going to be no customers
per se. We don't we don't have
[24:25] customers. I own property. So, unless a
tenant shows up to drop rent off, which
[24:30] will be the extent of it. Uh there's not
going to be anybody
[24:34] even coming or going aside from probably
myself, my wife, or my son.
[24:39] » And I'm not sure if they they have in
the record what kind of business you run
[24:43] through. If you want to just tell them,
>> we own property, so it's going to fall
[24:48] probably most directly under the
property management. um company.
[24:54] » So, not you don't run a construction
business or excavation business, things
[24:59] like that. So, the vehicles you're
describing are mainly going to be
[25:03] vehicles you use in property management.
>> Correct.
[25:06] » And they're all
they're well they're they're under my
[25:10] business name, but they're they're mine.
It's not,
[25:13] » you know, there's not going to be
>> Right. It's just trying to get a clear
[25:17] record of exactly what the new intended
use is because they one thing the zoning
[25:22] board may end up doing is limiting to
what we're just talking about now
[25:26] because there's if they do grant u an
extension of the prior uh use uh they
[25:35] are supposed to do it as limiting as
possible
[25:38] » like you're not supposed to be able to
say okay and you can put anything you
[25:41] want in there and all that. So,
>> so that was why they had asked for spec
[25:47] a list of specific
>> business types.
[25:50] » Correct.
>> And that that was why we gave a a list
[25:54] and we limited that. I mean, I could
have made it a list of 50. No,
[25:57] » there's like six or seven there, you
know, and they're they're all relatively
[26:01] the same, just using different words.
>> They are.
[26:04] » And Mr. is definitely your buyer that
you intend to sell to.
[26:07] » Yeah, they have a copy of they have a
copy of the contract.
[26:12] They have a copy of the contract. Um,
and in the contract there is the
[26:16] contingency that this is approved.
>> So if it's not approved, Mr. Sabriani is
[26:21] » going to shake your hand and walk walk
the other way. Gotcha.
[26:24] » Yeah.
[26:36] Well, I still just mentioned u
if we uh should we modify what uh
[26:42] Christina
put in this uh opening statement here as
[26:46] far as multiple things that will could
be used for or would be used for. Um as
[26:52] you mentioned, we're obligated to make
it as
[26:54] » narrow narrow and minimal as possible.
Um,
[26:59] I really don't have any
problems with anything that Christina
[27:04] listed. Um,
this would kind of
[27:11] again open the door for whatever Mr.
Criani might want to do down the road.
[27:16] Um, if we left it the way it is right
now, he would have that window to
[27:21] explore any other type of business or
activity you might want to use the
[27:27] grounds for rather than go through this.
Again, if you wanted to, you know,
[27:32] change the use for the building.
>> I'm on the downhill side, so I'm
[27:36] » Oh,
>> I'm good with I'm good with what I'm
[27:39] doing. If anything, it's going to get a
lot less.
[27:40] » All right. Um,
>> yeah, I was okay with that that list, I
[27:45] I mean, maybe I read it one more time,
but yeah, I think it's better to make it
[27:48] not quite so narrow that you can't do
anything with it or you know that you
[27:52] can't sell it again. Uh, so I mean, we
do recognize that the variance goes with
[27:57] the property, not
>> not with you personally unless it gets
[28:01] um if if the use ceases I think for a
year, uh, then it kind of starts over.
[28:08] » Yeah.
which I think maybe was not true with
[28:11] the existing one because it was
grandfathered in, but if we granted use
[28:14] variance and it would um so if you stop
using it for this use then it would
[28:19] revert to residential again which that
was our last issue last time. Um, so but
[28:27] I I think that uh yeah, I think
>> I did mle over some conditions. Um,
[28:33] » uh, nothing hazardous,
no flammable liquids, gas,
[28:39] uh, any anything like that.
>> That could pose a environmental risk.
[28:46] Um,
also the idea of maybe uh
[28:52] keeping a building um
[28:57] uh nope. I guess what I'm after is no
subleting. Um you can't rent out rent
[29:03] out the front the office.
Uh the building has to remain under one
[29:08] energy or owner.
>> Okay.
[29:10] » Not dual use. You wouldn't be able to do
dual use where you're running you're
[29:15] running whatever you're running and then
someone else is running some other
[29:18] business.
>> Okay.
[29:19] » Out of there.
>> Right.
[29:20] » Right. That's what you're talking about.
>> That's what I was trying to get to.
[29:26] » Um
anyone else? And since it and since it
[29:30] is like in the residential area, I mean
just um upkeep of the of the building,
[29:36] you know, so it kind of,
>> you know, make sure it's painted and
[29:41] Yeah. you know, make sure it's painted
and
[29:44] » New York State Maintenance Act. Yeah.
>> She is right that under our current
[29:51] code, uh, you do have to maintain,
anybody has to maintain their property
[29:55] in a safe and proper condition. And if
not, the code enforcement officer comes
[30:00] and knocks on your door.
>> But I but I did take a stroll. That
[30:04] building really does seem to be in very
good shape.
[30:06] » Yeah,
there's some there's some stuff we'll
[30:10] we'll we'll look at and um you know, I
I'll work with with Tracy and
[30:15] » yeah,
>> we'll
[30:19] just getting back to your proposed um
we don't want to call it condition. I
[30:25] mean, so if we're allowing construction
electrical plumbing office and the
[30:30] plumbing office is already allowed, I
mean, that could almost certainly have
[30:33] some hazardous materials like sort of by
definition,
[30:42] settling torches or something for
plumbing businesses or it is gases,
[30:46] things like that. So,
I mean, obviously, we don't want them
[30:52] storing nuclear waste there. So
>> hazardous material would be inherent of
[30:56] that.
>> Well, just remember if this is approved,
[31:00] the uh Tracy has to come and visit you
every now and again and do a safety
[31:04] inspection.
>> Yeah,
[31:05] » he's got it.
>> Okay. Yeah. I mean, I just want to make
[31:09] sure that it's
that requirement is not so tight that it
[31:13] kind of excludes this particular use or
else get rid of this use this allowed
[31:18] use. I think like you know materials
inherent to these types of businesses
[31:23] can be allowed but no businesses that
handle as their business hazardous
[31:29] materials chemical processing or no
chemical sales or
[31:34] » or storage. We had a just down the road
somebody storing a lot of propane tanks
[31:39] they weren't supposed to be storing. Do
you remember what happened?
[31:42] » And uh we have to do the safety
inspections all over. As you know, uh
[31:46] there was a very significant fire at 43
Mall and thank goodness there had been
[31:50] inspections done to verify. So, uh Tracy
has to enforce the code.
[32:01] » I know you had a question.
>> I just wanted to say Frankurt 27 Hickory
[32:06] Hill. Um we just have very little stock
of places where you can have a business.
[32:12] have somebody local who wants to take it
and use it. It's been used that way for
[32:17] years and I think it's I just in favor
of having something like that.
[32:33] Excuse me.
>> So,
[32:36] do we have anyone else?
[32:44] I'm not hearing a reason to keep the
public hearing open, guys. I'm sorry. I
[32:47] don't see it either.
>> No.
[32:49] » So, if you close the public hearing, you
have 62 days to render your decision.
[32:59] » Can I make a motion to close the public
hearing?
[33:01] » You can do a second.
>> All in favor? Hi.
[33:05] » Hi.
>> Does the board need 62 days to make a
[33:09] decision?
>> I didn't know if you needed to talk to
[33:12] Mr. Howard about the conditions unless
you're pretty satisfied you know what
[33:16] conditions you want. Then you don't have
to wait at all. Okay.
[33:20] » Uh
>> I I feel that I can make a decision
[33:23] tonight. Um how does the rest feel?
[33:31] » You're okay. Nicole, how are you feeling
about it?
[33:34] » I'm fine. I can
>> I am too.
[33:44] » So, I just leave that planning board
business.
[33:47] » Yeah. Well, what
>> I see a lot of boards do is uh if they
[33:51] do approve something, they include
verbiage that says uh and this approval
[33:56] is subject to the applicant receiving
any and all necessary uh municipal
[34:01] approvals. And what that would mean is
as part of this operation, if the
[34:05] applicant needed to get something from
department of health or uh from the town
[34:10] uh code enforcement office, whatever,
you're covering yourselves.
[34:15] And if there's nothing that's needed,
you're okay, too.
[34:20] Okay. Yeah. I think it was just a
question about whether or not we needed
[34:23] sort of uh any to present it to the
planning board as kind of a you know an
[34:29] issue for them to review and give us any
feedback on. Um so I know there's number
[34:34] of planning
>> that is an option you would have you
[34:37] could uh close the meeting and then
tonight uh refer it over to the planning
[34:43] board for their review for them to then
get back to you. They'd have to do it
[34:47] quick because you still only have the 62
days. Uh
[34:51] but I'm not sure what would be in front
of the planning board.
[34:56] » Okay. Yeah. I mean I guess part of my
concern about that was just cuz I I
[35:00] under misapprehension that this the
>> you and I both Yeah.
[35:04] » uh subdivisions were happening. So
>> yeah, if nobody else is concerned about
[35:10] it, then I guess I'm
>> um I I do have a question about the
[35:15] where are we documenting the business
types that she's listed? Is this going
[35:20] in the condition section of this or is
this going elsewhere?
[35:24] » That's a good good question. Very often
it's one of two ways. Either a a person
[35:28] makes a motion basically reads the
resolution. Let's say it's approval
[35:33] approving and reads the conditions into
the record. Okay. Other times they don't
[35:38] do it tonight. Instead, one of you would
then work it all up, circulate it, and
[35:43] then at your next mo uh meeting, read
the resolution with conditions into the
[35:48] record and approve it.
>> Put it here.
[35:52] » I mean, I think yeah, this that is the
primary thing that we're approving,
[35:56] right, is uh expanded
use
[35:59] » like that versus this.
>> So, it's not a condition. It's it's
[36:02] actually voting.
>> As long as that person over there gets a
[36:05] nice clear copy of whatever they're
doing.
[36:08] » Okay. Yeah. I'm trying.
>> Yeah. Um, yeah. I mean, in like maybe
[36:15] this we haven't been doing it right, but
that's not the way in general that we
[36:18] have. We have not had like a a very
specific resolution that we voted on.
[36:23] And we we all sort of write what we're
think we're voting on. And
[36:26] » I've wor I've worked with Mr. Howard for
years. He'd be happy to do a a formal
[36:31] resolution with your input with the
conditions all there. And then you have
[36:35] it clean and you hand it over to the uh
secretary. But you don't have to do it
[36:40] that way. I don't want to over
complicate it for you.
[36:43] » Right.
[36:46] » So the vote is is uh acceptable for
tonight.
[36:50] » Yeah. I mean
>> and um should we address our conditions
[36:53] if if
>> you did the public hearing vote and
[36:55] closed the public hearing? Yes. You got
that vote in?
[36:58] » Got that. So now one of you just has to
if you want to do it tonight, one of you
[37:02] has to just read into the record
>> well what you're doing with the
[37:06] conditions.
>> Um
[37:08] » for the last one we had to do a seeker
for the use variance. So do we do that
[37:13] before we we went on or like
>> we did do that before this last time.
[37:17] » So you already did your seeker last
>> No, we did it on No, we had another use
[37:21] we haven't had a use variance. So if you
haven't done the seeker yet on this,
[37:25] that's one thing you do first
>> before you take any final action.
[37:31] » So do you have that form there too?
>> Mhm.
[37:37] » Again, I don't want to over complicate
it. Sometimes
[37:40] » they do the formal resolution where they
put the seeker approval language in the
[37:44] resolution.
>> Uh so you have it that way too.
[37:50] » They put it right in the resolution
approving it. So,
[37:54] » all right. Very good. Uh, number one,
will the proposed action create a
[37:58] material conflict with an adopted land
use plan or zoning regulations?
[38:04] I believe no.
>> Sounds like yes, that's exactly what
[38:11] » Will the proposed action result in a
change in the use or intensity of use of
[38:15] the land? No.
>> Well, yes.
[38:18] » Yes.
>> That's exactly what we're doing, right?
[38:21] That's
We're changing views.
[38:26] Don't worry
[38:31] » kind of.
>> Oh, no. Small impact.
[38:34] » Do you guys want to tonight?
>> So, it's not yes or no. It's no or small
[38:41] impact may small impact. So, I think
>> will the proposed action impair the
[38:45] character or quality of the existing
community?
[38:49] » No.
>> No.
[38:53] Will the proposed action result in an
adverse change in the existing level of
[38:57] traffic or affect existing
infrastructure for mass transit, biking
[39:01] or walkway?
[39:08] Will the proposed action have an impact
on the environmental characteristics
[39:11] that cause the establishment of a
critical environment environmental area?
[39:17] No.
Will the proposed action cause an
[39:21] increase in the use of energy and it
fails to incorporate reasonably
[39:25] available energy conservation or
renewable energy opportunities?
[39:31] » No.
>> No.
[39:33] » Will the proposed action impact existing
a public private water supply b public
[39:41] private wastewater treatment utilities?
No.
[39:47] Will the proposed action impair the
character of qu or quality of important
[39:52] historical, archaeological,
architectural or aesthetic resources?
[39:59] Will the proposed action result in an
adverse change to natural resources?
[40:04] Example, wetlands, water bodies,
groundwater, air quality, floor, or
[40:08] whatnot?
Will the proposed action result in an
[40:13] increase in the potential for erosion,
flooding, or drainage problems? No.
[40:17] » No.
>> Will the proposed action create a hazard
[40:20] to environmental resources or human
health?
[40:24] » No.
>> No.
[40:34] Uh something could action.
[40:42] Could action result in any adverse
effects associated with the following
[40:47] aesthetic, agricultural, archaeological,
historic or other natural or cultural
[40:52] resources or or community or
neighborhood character?
[40:56] That's a no. vegetation or fauna, fish,
shellfish
[41:01] or wildlife species, significant
habitats or threatened or endangered
[41:05] species?
>> No.
[41:07] » A community a community's existing plan
or goals as officially adopted or a
[41:13] change in use or intensity of or of use
of land or other natural resources.
[41:21] » That one again.
>> Yeah. a a community's existing plans or
[41:26] goals as officially adopted or a change
in use or intensity of use of land or
[41:33] other natural resources
[41:38] existing plans.
>> That would be like
[41:42] » comprehensive plan.
>> That would be the comprehensive plan.
[41:44] » Yeah, I think that's what we covered
last time. Yeah. growth growth
[41:49] subsequent development or related
activities likely to be in to be induced
[41:53] by the proposed action.
Um
[41:57] long-term short-term cumulative or other
effects not identified in C1C5 which is
[42:07] unapplicable.
Other impacts including changes in use
[42:12] of of either quantity or type of energy.
Ask no. Will the project have an impact
[42:19] on the environmental characteristics
that cause the establishment of a
[42:23] critical environmental area?
Uh no.
[42:30] Is there or is there likely to be
controversy related to potential adverse
[42:34] environmental impacts?
I'm thinking no.
[42:44] All right. I believe that's it.
>> So we have to vote on
[42:52] what was the vote we need to take for we
>> you're probably based on your review are
[42:56] going to declare this is a negative
declaration type new
[42:59] » action right
>> so I make a motion that we declare
[43:06] uh ourselves do we have to declare
ourselves the lead agency
[43:09] » all in one motion? Yeah.
>> Yeah. that we declare ourselves the lead
[43:12] agency and that we declare this a
negative declaration and type two
[43:16] action. Negative declaration of what?
Negative declaration of your ne
[43:20] environmental impact that you're by
doing a negative declaration you're
[43:24] saying this proposed action by your
board approving this will not have an
[43:29] impact on the environment and then type
two are the ones as you guys know that
[43:34] don't require doing the full EAF you
know environmental
[43:40] assessment form.
>> We really have to do this the secret
[43:43] one.
[43:47] » Okay. So, uh what's the motion that I
made clear?
[43:52] » And did you get a second?
>> I didn't get a second that I know.
[43:56] » And on these, we usually have a poll
vote.
[44:00] » I don't know if you guys do.
>> Not usually.
[44:03] » All right. Some places they do a poll
vote on this and on the final action
[44:08] taken. It's up to you guys.
>> I don't want to rock the vote too much.
[44:13] » Well, that's a town board.
>> All right. So, we can proceed with the
[44:18] vote.
>> How do you want to do it? Do you want to
[44:20] do poll vote or like by individual or
just say
[44:23] » the poll vote was take you two seconds?
Yes. Yes. Yes. No. No.
[44:26] » You just document it all on one.
>> Pardon?
[44:28] » You would document it all on one
document.
[44:31] » Yeah. Uh the hopefully the clerk just
heard the uh motion and uh Tim
[44:37] » Tim Tim marked up the uh uh
environmental uh assessment form there
[44:42] and uh if you got the language
you did not get the language that uh
[44:50] » okay so that Paul just said a motion to
declare ourselves the lead agency
[44:56] » and that it's a negative declaration of
environmental impact.
[45:01] Okay. As the agency
>> to issue a negative declaration and
[45:06] determine this to be a type two action
[45:15] and declare
>> this a type two and Roman number two
[45:19] action.
[45:29] and they would take a vote on it and
each one would vote in turn and
[45:35] » just no. All you got to do is now call
their names out.
[45:38] » Okay. Um, member Ger.
>> Um,
[45:42] in favor? Yes.
>> Yes.
[45:43] » Yes or no?
>> I Yes.
[45:44] » I Yes. Okay.
>> Member Jameson.
[45:48] » Yes.
>> Chairperson Huffy.
[45:52] » Yes.
>> Member Heckle.
[45:55] » Yes.
And now one of you can make a motion on
[45:59] the approval request.
>> I'll make a motion.
[46:02] » Okay. I guess we should make a motion,
but that's what we kind of need to
[46:06] » discuss exactly what that motion is
going to be because we need to include
[46:09] the the conditions and all that.
>> Come to a consensus on that.
[46:18] » So I guess as it is,
>> maybe the the first uh I guess Yeah. So,
[46:22] we should start by just making a motion
to uh allow the the use of the property
[46:27] as a property management
slashmaintenance office with equipment
[46:32] storage, vehicle boat storage, real
estate, construction, electrical,
[46:36] plumbing office with storage,
warehouse space with no showroom,
[46:42] internet sales, overflow storage, uh and
equipment or tools storage.
[46:50] So,
That's the the base motion and then I
[46:54] guess if we
>> second that and then we can start adding
[46:58] conditions or whatever.
>> So
[47:01] » I'll make a motion.
>> I second.
[47:03] » All in favor?
>> I
[47:06] » Okay,
>> you're going to want to add your
[47:08] conditions as part of it. Okay. Can't
really bifurcate it. So this the
[47:12] condition you mentioned was
>> preventing uh like non-inherent
[47:19] storage or processing of hazardous
materials not inherent to the proposed
[47:23] » uses.
What was
[47:27] » um and then also there was a not a
non-dual use condition. One is that uh
[47:33] there will be uh no storage or use of
hazardous materials on site that there
[47:38] will be no dual use of the subject
property. At least I heard those two
[47:42] different things brought up.
>> Uh
[47:44] » the property needs to be maintained.
>> Property will be maintained in accord in
[47:49] accordance with the New York State
uh uniform fire prevention and building
[47:55] act which includes the maintenance code.
Don't worry, Stephanie's writing all
[47:59] this down.
>> I'm kidding. I'm kidding.
[48:11] And then you if you have more, we'll add
it now. But you always close with and
[48:16] this uh approval is conditioned upon the
applicant obtaining any and all
[48:20] necessary municipal approvals. Any and
all other necessary municipal approvals.
[48:28] » I don't have any other conditions to add
to that.
[48:32] So we have a total of three
[48:36] the necessary approvals.
>> That's just the closing on all of them.
[48:39] You should be using that verbiage on
everything. Okay.
[48:42] » Our condition for this.
>> So no storage of hazardous materials.
[48:47] Uh no dual use with another business.
[48:55] Uh the property is maintained in
accordance with the code. Correct.
[49:03] and that uh in the end all other
necessary approvals uh from other
[49:09] municipal bodies are obtained.
[49:18] » What was the last one, Paul?
>> Uh just what Phil said that any and all
[49:23] other necessary approvals from other
municipal bodies are attained obtained.
[49:27] So if they were to need anything from
the planning
[49:29] » question. Sure.
>> That last condition about the other
[49:33] approvals. So this is condition
contingent on that.
[49:38] » What other approvals are needed?
>> Well, for example, let's say somebody
[49:42] needs to get a license to operate there,
>> right?
[49:46] » They would need to do that. They can't
just go in and
[49:48] » so but then it's still it's still
contingent. Like so it's not actually
[49:53] approved. This is approved, but it
doesn't mean you can just do anything.
[49:58] If you need a municipal approval from
another entity, whether it be federal,
[50:03] state, county, or town, you got to get
it.
[50:07] » No, I understand. I understand that if I
want to be a plumber, I have to get my
[50:10] license.
>> We don't know. We That's why we use the
[50:12] verbiage we use because we don't know
what you're going to do with the
[50:15] property in the future.
>> But the way that you're stating it, it's
[50:18] a it's a
>> No, it's a condition of use, not a
[50:21] condition of approval.
>> Okay. So in the same way that no storage
[50:25] of hazardous materials is like
>> just want to make sure that it's you
[50:29] can't store it before you get the
variance. It's that you can't store it
[50:32] as you're using
>> the property.
[50:34] » Thank you
>> Mr. Cypriyani and Miss Cypriani. You
[50:37] understand that should you decide to put
something in there that needs another
[50:42] approval, maybe it's from the county,
maybe it's from the state, you have to
[50:46] get that. This doesn't give you the
permission to
[50:49] » to just do anything. Yeah, exactly.
>> Stuff that should be obvious, I think.
[50:54] But just in case
>> nothing is ever.
[50:57] » All right.
>> What he said
[51:04] » and then once Stephanie's ready, we can
do a vote and
[51:10] » All right. So the way we usually vote is
we actually usually like
[51:15] » individually write out our responses to
the four questions that we need to
[51:20] » and then you hand it in.
[51:27] » I have these here. Can you tell that I'm
>> Oh, you do say yes at some point. Do
[51:31] they say yes
>> at the end? Yeah, we have to say
[51:35] we get we get
that mine.
[51:39] » No, but
Prior
[51:45] to the last and all in subject to the
applic and all other necessary municipal
[51:51] approvals.
>> Okay.
[51:52] » Any and all
other necessary municipal approvals.
[52:31] Do you need it?
[53:08] Yeah, this is a very unique thing you
guys do filling these forms out. Mr.
[53:13] Howard and I were talking about that.
Not every place does it that way. No,
[53:16] » but it's it's it creates an instant
record.
[53:20] » So, apparently there was a problem a
while back and they started doing this
[53:24] in response to that problem and
>> because sometimes somebody will say,
[53:28] "Well, there's ambiguity here. We don't
know why they did this or what." Well,
[53:32] with the way you do it, there's no
question.
[54:00] You guys are all working diligently.
[54:04] I'll ask Abigail. Abigail, normally do
you guys have four people show up
[54:07] because you have six.
>> Five. Five. Oh, you have five that are
[54:10] on. Okay.
>> Don is missing.
[54:13] » Gotcha. For some reason, I thought you
guys had six like an alternate.
[54:16] » There's usually an alternate that's open
position currently.
[54:19] » So, if someone can't be there, you would
have them fill in.
[54:23] » I was the alternate and then we had
someone in design last year
[54:26] » and then you moved into
>> now not the alternate.
[54:30] » Don't have an alternate.
>> All right.
[54:35] So, right now they're only at five and
they need one more person.
[54:40] » I should fill out an application.
>> There you go.
[54:43] » I think if you talk to those two over
there,
[54:46] » I'm going to fill out the application.
>> That's who appoints the person or two
[54:52] fifths of the uh body appoints the
person.
[54:57] » Did the
>> I mean, I think that's how Donna got it.
[54:59] She came to us once, right?
Maybe that was before you were here.
[55:03] Yeah, she was here and she was so
thrilled with me that she also
[55:11] » we had an applicant. I thought that
>> Yeah, we do have an applicant. Yeah, we
[55:16] have to
open
[56:03] That's
[56:37] Don't worry.
[57:42] Everybody ready?
>> Mhm.
[57:43] » Cool. You want to start us off?
>> Okay. Um the applicant cannot realize a
[57:48] reasonable return is shown by the uh
competent financial evidence. The lack
[57:53] of return must be substantial. Yes.
Submitted information regarding loss of
[57:57] revenue by losing two prior sales of the
building. The alleged hardship uh
[58:02] related to the properties unique. The
hardship may not apply to substantial
[58:07] portions of the zoning district or
neighborhood. Yes, property is a
[58:10] plumbing business. Now applicant would
like to make property a general use and
[58:15] not specific to the current business.
[58:20] Uh the quest use variance if granted
will not alter the essential character
[58:24] of the neighborhood. I said no. There is
an existing business on the site. New
[58:29] business will take over the existing
property. The alleged hardship has been
[58:34] self-created. I said no. Property was in
foreclosure and uh property was
[58:39] purchased by applicant. and I said um
yes um for giving the variance
[58:46] » number one the applicant cannot realize
a reasonable return. My vote is a yes.
[58:50] Current use variance restrictions.
The alleged hardship relating to the
[58:55] property is unique. They have a
grandfathered commercial building
[58:59] without a continued grandfathered use.
Previous use variance was far was for a
[59:06] plumbing business only.
[59:09] Uh
the requested use variance if granted
[59:13] will not alter the essential character
of the neighborhood. I said yes.
[59:17] Building appears to be structurally
sound. Requested use variant should not
[59:21] neg negatively affect or alter
neighborhood.
[59:25] The alleged hardship had has been
self-created. I said no.
[59:30] Building was acquired through forclosure
uh through foreclosure with associated
[59:35] use variance restrictions.
Uh my vote is a yes for approval of the
[59:41] variance.
>> Okay. Uh the applicant could not realize
[59:45] a reasonable return uh as shown by
competent financial evidence. Uh I said
[59:50] yes. The applicant provided quotes uh to
demolish the building and build a house
[59:54] which would be prohibitively expensive.
Uh the sale to a plumber specifically
[1:00:01] was pursued but no buy was able to be
found.
[1:00:04] Uh two, the alleged hardship relating to
the property is unique. I said yes,
[1:00:08] there is an existing non-residential
building already present on the site.
[1:00:13] Number three, the requested use variance
if granted will not alter the essential
[1:00:17] character of the neighborhood. Uh
Mark
[1:00:23] will not alter. Yes, it will not alter.
The requested use is similar to the
[1:00:28] currently approved use for the alleged
hardship has been self-created. Uh, no.
[1:00:33] Since the property was obtained when the
fire owner defaulted on a loan to the
[1:00:37] current owner and so I vote yes in
different areas.
[1:00:42] » Um, for question one, um, I voted yes
for I'm not going to redo every
[1:00:49] question. That's all right. Um, but see
attached quotes from applicant. Um, for
[1:00:55] question two, I've voted yes. um
previous use um of this property was uh
[1:01:01] previous business use was approved at
this property and the property is set up
[1:01:04] as business. Um question three also
voted yes proposed use should improve
[1:01:10] the um property and question four no
applicant obtained property through
[1:01:17] foreclosure. Um and do we need to state
verbally the the use and conditions
[1:01:24] where that's all recorded? Well, I mean
that was in the motion.
[1:01:27] » Was in the motion. Okay. So, I I also am
voting to approve the variance.
[1:01:39] » This variance is approved
and uh we'll have a resolution outline
[1:01:45] next week and uh you are uh totally on
board with the conditions that we uh
[1:01:52] rendered.
>> Yes.
[1:01:53] » All right.
get signed back.
[1:01:57] » Yeah. And uh bless it.
>> Okay.
[1:02:02] » Very good.
>> Thank you. Good luck with it.
[1:02:05] » Thank you.
[1:02:11] » Do they have anything else?
[1:02:15] » Or do you want to go home?
>> I'll tell you the area a lot more fun.
[1:02:22] » Yeah. There's some for sure.
I did say you did Paul. I misread a word
[1:02:26] where it said will not alter.
[1:02:33] » We have a motion to adjourn.
>> I'll make a motion to adjurnn.
[1:02:37] » All in favor?
>> Oh, second. Who was the second? Oh,
[1:02:40] there we go.
>> Hi, how are you?
[1:02:45] » You all set? You got the
>> at some point should
[1:02:49] I make a schedule of what's supposed to
>> Yeah. Abigail second.
[1:02:54] » What are we doing?