ZONING BOARD OF APPEALS - Town of North Greenbush

ZONING BOARD OF APPEALS
Town of North Greenbush
2 Douglas Street
Wynantskill, NY 12198
Meeting Minutes
September 7, 2011
6:30 PM
Attendance: William Fiacco, John Dalmata, Richard French (Chairman), Thomas McGraw, Leanne Hanlon
(Secretary), Stephanie Piel (Legal Counsel), Michael Miner (Building Department), Michael Masone (absent).
Chairman French opened the meeting with the Pledge of Allegiance and then explained the Zoning Board
function to the public and applicants.
Application #11-23, for the special permit request of Scott E. Holland, 12 Grace Court, Troy, NY 12180,
for the purpose of allowing an auto repair shop at 197 Main Avenue, Wynantskill, NY 12198, in a BG
district, having parcel ID# 124.6-8-12.2.
Scott Holland explained his application to the board. He would like to open an auto body repair shop at the
address above. Since there is not one here now he feels it would be a good fit. He currently has a business in
Pleasentdale and would close that business and move it to the above location. Mr. Holland stated his desired
hours of operation would be 8am-5pm 5 days a week and maybe Saturday early morning. Towing companies
would only be brining vehicles during the day, no night time drop offs. Cutting welding and grinding will occur
indoor. No outdoor operations per Mr. Holland. Storage of materials – nothing flammable, all water based. 10
work spaces, one garage door, 3 employees. Applicant stated he has a spray booth to install. Overflow parking
would be in the rear of the building and eventually fenced in. Mr. Holland will appear before the Planning
Board as well. No cars sales, only body work per the applicant. Oil and antifreeze goes to recycle and will be all
indoors.
Public Hearing Opened:
Steve Valente 8957 NY 66 Averill Park: What level will he be repairing vehicles and stated there will be
competing businesses next to each other? He would like to see limitations so it does not expand beyond the
body work. He would like to see some effort because of the competition. Concerns about impact on existing
businesses and asked about a site plan which will be presented to the PB.
The applicant will be purchasing the property if approved.
Motion to close public hearing by Mr. Fiacco and seconded by Mr. Dalmata. All in favor, motion carried.
County: Nothing received yet per Mr. Miner. Use needs to be consistent with public safety health and welfare.
Applicant states it is not as noisy as you would think. The auto body tools have changed.
Board recommends hours of operation 7am-7pm 6 days – no Sunday body work and no outdoor operations.
Applicant explained how the paint booth filters. All painting must be contained in booth per the board.
Fence: needs to shield any cars in the rear. Will be recommended to planning board.
Parking in the front of the building: No storage in front – only customer and finished cars per the board.
Unlisted SEQRA action.

Zoning Board of Appeals
Meeting Minutes
September 7, 2011
Page 2
All questions were asked and answered by the Board and applicant.
Motion made for negative SEQRA and uncoordinated review by Mr. Fiacco and seconded by Mr. Dalmata. All
in favor motion carried. Roll call vote (Fiacco, Dalmata, French, McGraw).
Motion made to approve with above conditions by Mr. Dalmata and seconded by Mr. Fiacco. Roll call vote
(Fiacco, Dalmata, French, McGraw). All in favor, motion carried.
Application #11-24, for the area variance request of Michael Richmond, 37 Lynette Blvd., Kingston, NY
12401, for relief from front setback requirements of 35 feet for the purpose of allowing a garage to be
located on the property line at along South Hall Drive at 295 Geiser Road, Wynantskill, NY 12198 in an
RS district, having parcel ID# 135.13-1.20.
Walter Brickell of Brickell Law Firm representing the applicant presented the application. The applicant hired a
contractor to build a garage and there was an encroachment. Mr. Brickell stated a variance is still needed. 48
inch drain line runs across the property. They will work with the town to do a hold harmless in case the town
needs to work on the water line. The applicant is attempting to acquire the adjacent property.
Mr. Miner stated the town issued an order to remedy on August 18 th . This is in conflict with a current site plan
for the adjacent property. One corner would result in zero setback.
Can benefits be sought……
Substantial……
Adverse effect……..
Difficulty self created……..
Public Hearing opened:
No one wishing to speak.
Motion to close public hearing made by Mr. Fiacco and seconded by Mr. Dalmata.
Mr. Fiacco suggested waiting for Planning Board discussion as well.
Mr. Miner stated no CO has been issued and he would like to do an inspection of the building and may do a
conditional CO until this is settled. Chairman French is not comfortable with a conditional CO.
Motion made to table so applicant can go to the town attorney and planning board and answer questions, by Mr.
Fiacco and seconded by Mr. Dalmata. All in favor motion carried.
Mr. Miner also noted nothing has been received from the county at this time.
Application #11-25, for the use variance request of Richard and Sharri Gibbs, 287 Hidley Road,
Wynantskill, NY, for the purpose of allowing a printing business to be located at 245 Hidley Road,
Wynantskill, NY 12198 (former North Greenbush VFW), in an AG/RU district, having parcel ID# 123.-
4-14.
Mr. and Mrs. Gibbs presented their application. They have resided in the above address since 1972. Both
actively involved in their farm and forest. They recently purchased 245 Hidley (VFW). The building was
neglected and badly deteriorated. Their intent in purchasing the property was to combine the property with

Zoning Board of Appeals
Meeting Minutes
September 7, 2011
Page 3
theirs. They would like to lease a small portion of the building for income purposes since they have incurred a
lot of expenses from this purchase. They have been restoring the building for a revenue stream. The printing
business would be basically a copier which would produce small books, basically a digital press. They feel they
are improving the neighborhood. A letter from their counsel was read by Chairman French.
Public Hearing opened:
Mr. Miner stated he spoke to some of the homeowners and asked questions about use variances and Chairman
French explained.
Paul Tazbir Hidley Road: spoke about the building in the condition it was before they started restoring it. For
the most part people were pleased that they have begun restoring and working at all hours and he feels it will be
a nice building when completed. The building was becoming a health hazard and all the neighbors are happy
about what has been done
Joe Crucelnicki : 282 Hidley – across the street. Wants to know what would happen if the property changes
hands in the future. Chairman French stated the use variance, if granted, stays with the property. He would also
like to see what conditions would be applied.
Ellen Crucelnicki: 301 Hidley: This use variance is issuing a commercial property on Hidley and it is a first and
we have to be careful that this is only taking a small portion for commercial and not the entire four acres. She
asked if this was a zoning change. It is not per Chairman French.
Lawrence Howard, applicant’s attorney, stated it is not a retail operation and no retail use. The applicant stated
there will be no signage for the business.
Michelle Matino: 231 Hidley Road: the property is attached to their land. Would this make others on the road
want to open businesses. Edward Matino asked if it would set a president. Chairman French stated no but there
are no other buildings like this on Hidley. He wants to protect his property. They are not opposing it they just
want to see how this unfolds.
Mr. Crucelnicki spoke again: they are great neighbors and this is a big improvement and if they someday don’t
own the property they may not have such gracious neighbors and they are concerned.
Public Hearing still opened:
Reasonable return/competent financial evidence: Shown in attorney letters. Mr. Dalmata asked what other
business or uses could go in there so they could seek a reasonable return. Chairman French read the required
uses. Mr. Dalmata stated it appears as if there are other uses they could use it for that would be much more
intrusive than what they are proposing.
Allege hardship unique: Yes
Will grating use variance alter essential character of the neighborhood: No if granted with conditions per the
board.
Lawrence Howard – applicant’s attorney:
Is the alleged hardship self-created: what is the degree of self creation? They did not create the run down
dilapidated property. Attorney stated that they property in the deed had to go back to the farm owners if it
wasn’t going to be used for a VFW which it did.

Zoning Board of Appeals
Meeting Minutes
September 7, 2011
Page 4
Possible conditions:
-Limiting the square footage of the proposed print shop. No more than 1500 square feet for business.
-No signage for business outside or inside. If dumpster is needed it is to be behind appropriate site blocking and
not in the front yard.
-Delivery trucks: A UPS truck will be picking up and dropping off.
-No more than 4 employees
-Lighting outside: no night operations but applicant will need to install security lighting and will all be affixed
to the building and the angle of the light shed is not shining off the property.
-Hours of operation: normal business hours (6am to 6pm and minimal on Saturday)
Mr. Miner stated a building permit will be needed and possibly a fire separation with the building department.
Public Hearing still open: Mr. Tazbir asked if the applicant was limited to have their own business (selling
vegetables, etc). Chairman French stated that there is no requirement in town stating that, therefore yes.
Applicant provided a list of equipment that will be used in the proposed business. No print presses and only a
digital print shop.
Self-created: Ms. Piel stated you do purchase property under existing zoning and states that the board would be
acting illegally if the use variance is granted because you purchase property subject to the existing zoning. She
suggested that it be tabled until the attorneys can present case law and discuss.
Motion to close public hearing made by Mr. Dalmata and seconded by Mr. Fiacco.
Self-created is an issue and counsel is urging the board not to do something illegal.
Motion made to table for one month by Mr. Fiacco and seconded by Mr. Dalmata. All in favor motion carried.
Application #11-26, for the area variance request of Robert Lamora & Ruth Ann Brooks, 318 Peck Road,
Wynantskill, NY 12198, for the purpose of allowing a two family home in a RS Single family district at
318 Peck Road, Wynantskill, NY 12198, having parcel ID# 135.-2-40.
This is a use variance and posted as an area variance.
Ruth Ann Brooks and husband Gary were present for the application. The family would like to rebuild on the
same lot but build a two family home side by side. Mr. Miner stated development across the street has since
been modified for twin homes. The applicant has been without a home since July. Although it was listed as a
single family before the fire the home had been modified over the years into a somewhat single family.
Hardship is the fire.
Chairman French suggested that a case be prepared showing that this was a two family or a one family then it
would be pre-existing non-conforming and then it could be done. He also suggested the applicant some back
before the board stating it was a two family prior to the fire so it can be pre-existing non-conforming.
Motion made to table until next month so applicant can work with the building department and work on a plan
by Mr. Fiacco and seconded by Mr. Dalmata including public hearing. All in favor motion carried.

Zoning Board of Appeals
Meeting Minutes
September 7, 2011
Page 5
August meeting minutes: Motion made to approve August minutes by Mr. Fiacco and seconded by Mr.
Dalmata. All in favor, motion carried.
Motion made to adjourn at 8:51pm until October 5 th (not 2 nd Wednesday) by Mr. Fiacco and seconded by Mr.
Dalmata. All in favor motion carried.