[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?

3.19.2026 Poestenkill Zoning Meeting

Transcript