ZONING BOARD OF APPEALS - Town of North Greenbush

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.