Zoning Board of Appeals - Regular Meeting

Wednesday, September 2, 2026

The Troy Zoning Board of Appeals approved use variances for a marine transportation warehouse at 75 Water Plant Road and an auto repair storage garage at 3113 7th Avenue.

About this meeting

Government Body
Zoning Board of Appeals
Meeting Type
Zoning Board Of Appeals
Location
Troy, NY
Meeting Date
September 2, 2026

Transcript

379 sections

0:02Speaker 10

Because you have the buyer willing to pay for, use it as its intended use.

0:11Speaker 4

I'll second that.

0:12Speaker 2

I vote to approve.

0:14Speaker 9

Approve. Approve. Approve.

0:19Speaker 9

Thank you, guys.

0:19Speaker 4

You're welcome.

0:33 – 1:01Speaker 5

Okay, our next order of business is PLZB8-2026-0070, 75 Water Plant Road. The applicant, Rob Goldman, proposes to convert an existing structure previously used as a membership club into a warehouse for storing spare parts and parking crew vehicles associated with marine transportation business. Use variance is required as property to zone conservation. Please state your name.

1:01Speaker 1

My name is Rob Goldman. I am Chief Operating Officer for New York State Marine Highway. We're a marine transportation company.

1:09Speaker 4

We're a marine transportation provider.

1:23 – 2:22Speaker 1

We're based in Troy. We've been here for close to 25 years. We are a 10-boat fleet, and we operate on the Hudson River, New York State Canal System, coastal to Maine and as far south as Charleston. We currently operate a business office at 427 River Street. and a maintenance facility at 391 2nd Avenue. The new building would not replace these locations. We've outgrown our 391 2nd Avenue location. The neighborhood's changed. We need some secure parking. We've had vehicles stolen. The property we're looking at is a pre-engineered clear span building, formerly a Shriners building. Meeting Hall. The nature of the neighborhood is all industrial. It's a Detroit water plant, Time Warner. And I don't think there'll be really any, it's a low impact use. We're not going to occupy it, just purely storage.

2:26Speaker 11

We had a question about it.

2:31Speaker 10

I can bring that up now if you want. Yeah, let's put it that way.

2:34 – 3:06Speaker 9

Sure. My name is Steve Miner. I am a dues paying member of Oriental Shrine. Oriental Shrine owns the building. I do not sit on the executive board. I do not hold an office. I have no vested interest on whether they sell it or they don't sell it. Trust me, there's nothing in it for me in any way, shape or form, but I just want to disclose my membership as a dues paying member, which goes back to 1974. And Mr.

3:08 – 4:00Speaker 3

Miner had reached out to me to consult on this particular issue. When he explained the situation, As I explained to him, there are basically two inquiries that need to be made. The first is whether or not he's involved with the transaction at all, whether to approve it, receive some benefit, and he's not. He's just a member of the organization that owns the property. The second test is whether or not his membership will change his ability to be objective in his proceeding. And he said, absolutely not. He has no interest one way or the other, and he can remain objective and address the application objectively. So based upon those two answers, what I said to him is it would be appropriate to disclose the potential interest, but he would not have to recuse himself because it doesn't rise to the level of a per se conflict of interest. Okay, great.

4:01Speaker 11

Okay, proceed. Go on with questions, proceed.

4:09 – 4:22Speaker 2

I don't have any problem with it. I have one question for the city engineer. I understand there's a spill prevention plan in place.

4:25Speaker 7

DPU had requested or mentioned.

4:28Speaker 6

Who requested?

4:30 – 5:43Speaker 7

Troy DPU, the water department. Essentially, their facility is located downgrade. From here, I think specifically the sludge lagoons, which is... essentially the wastewater output from treating the water is where that settles and it's downgraded from the site. Yeah, I will note, again, there's no exterior improvements as part of this use. So right now it's in the same existing configuration, but still since it's undergoing site plan review, they noted that They have infrastructure and undergo DC testing associated with the water plant downgrade from here so they requested a spill prevention plan be developed. The applicant has responded to to that, and I'm still reviewing it. in, you know, to see if we need more. But I would say it makes you know, the application substantially complete, and we can still modify things throughout the site plan and review process. So I don't really have objections to how it will affect the your determination of a use variance tonight.

5:43Speaker 2

Has DC been coordinated with at all?

5:46 – 5:57Speaker 7

No, but I will We meet with them on a bi-weekly basis. So that's exactly my plan is to mention it to DEC next time. Because they have a spill prevention unit. When we meet next Tuesday. Yeah.

5:58 – 6:09Speaker 5

I guess. Council, could we make, if we do vote to proceed with this, can we make it contingent on Christmas or next?

6:10 – 6:30Speaker 3

A reasonable condition would be conditioned upon SUBMISSION OF A SPILL PREVENTION AND PROTECTION PLAN TO THE SATISFACTION OF THE CITY ENGINEER. OKAY. THAT MEANS WHEN HE GETS A CHANCE TO DIGEST IT FURTHER AND GET DEC'S INPUT, IF HE'S SATISFIED, THEN THE COMMISSION WOULD BE SATISFIED. BUT IF HE DOESN'T, IF DEC HAS A PROBLEM,

6:40Speaker 2

No further questions.

6:43Speaker 4

Audience online?

6:45Speaker 5

Is there anybody online?

6:52Speaker 10

Okay. Anyone in the audience?

6:55Speaker 5

Anyone in the audience have any? Wow.

7:08 – 12:40Speaker 8

My name is Kevin Vandenberg. I live at 439th Avenue. There you go. My name is Kevin Vandenberg. I live at 439th Avenue in North Troy. I am not opposed to this gentleman, you know, expanding his business up onto this property. What I am opposed to is there's no discussion, there's nothing on the site plan about the exterior use of this project. This is gonna be a yard for a marine business. What's he gonna do outside? I build houses in Troy. I have a 44 lot sub development that we're coming into that's not far from here. This road is a gateway into North Troy from any property coming north. If you look at the property on Second Avenue and use that as an indication of what's gonna happen up on this property, something's gotta be done. I find that site plan to be incomplete. And I think that there needs to be a larger discussion on what his uses are. At the planning board meeting when I spoke about my concerns, it was revealed that there's gonna be a trailer parked up there, that he is gonna have a fork truck up there. There is no garage door for a fork truck to be inside or outside. So it has to be outside. If you take that property, And if he's going to use a fork truck on there, he's going to stack stuff with a fork truck. You need a fork truck to stack stuff, which is going to be on the green space now. And a property that's the second property in the city of Troy, in North Troy where I live, I just think that there's a lot of questions. There's no screening. We spoke about Connex trailers being stored up there, and he said not at this time. Well, not at this time means at some time. I really think that this site plan is terribly incomplete. That at the very minimum, you got to look at the property on 2nd Avenue and realize that he's looking to expand his business. So he needs to make more space down there. That's coming up here. And somebody who's, I'm building a house on 3rd Avenue in North Troy now, and I'm going to start one in Spring Avenue. I'm trying to market property in the city of Troy to sell property in the city of Troy. And as I said, I've got a 44 lot sub development that is not far from here that we're coming into the city of Troy within a couple of weeks or months. I just think that there's a lot of questions on what they're going to do on the outside. And if it's going to be a Marine yard, then protect me, protect the view. Something there's got to be more, either he's got to commit to not doing what these things that I say, or he's got to say, yeah, here's how we're going to handle it. But right now, Sure indication is you look at Second Avenue, that's coming up to here. Now the City of Troy is the neighbor behind there. City of Troy keeps all their stuff inside. It's cleaned, it's mowed, everything. Time Warner, same thing. There's a gentleman across the street from this property who runs a masonry business and the property looks atrocious. I see this property becoming a yard. That's exactly what it's going to become. We're going to park cars up there to take workers down to Second Avenue. Okay, I get that. And Second Avenue, I live at Ninth Avenue, nine blocks up from them. And he's right. The crime and everything down there is a problem. All right. But I don't see the value to everybody else in North Troy by another yard up there. If he wants to make it a yard, then screen it, fess up. What are you gonna do outside? What are we putting out there? Are we storing trailers? We know there's another trailer. He admitted there's another trailer coming. The print shows four cars on there. We know there's a fork truck coming. With the fork truck comes hydraulic fluid. With the trailer comes something to put on the trailer. his Connex trailers that he has on second Avenue. Now he's stacking stuff on top of it. There's a black tank out in front of this property. That's coded in something for what it's used as. I don't know. There's a stainless steel tank there. There's a car there that appears the grass is growing underneath it, but his second Avenue property isn't good looking. All right. I tried to, Turn property over in the city of Detroit that I get involved with to a better piece of property for the city of Detroit. I think that there's a tremendous amount of missing information here. And I think that at the very minimum, it should be determined as not a complete set of site plan. And that he needs to have a better dialogue of what he's going to do on the exterior. And again, I'm not opposed to the business going up there. You know, I'm not, but I am opposed to seeing Second Avenue on a higher level. He's probably got arguably one of the best views in the city of Troy, but now the view of it is going to be worse than the view off it. I think that there's a lot of missing information here. And I think that there's got to be some feet pulled to the fire and he's got to answer some questions. That's all. And again, I have no problem with the business going there, but I have a problem with the exterior. Thank you.

12:46 – 13:02Speaker 4

Can I ask a question to counselor Chris? So, you know, our job is the variance. Our job isn't all, all, all of that that he just said. So how, how do we address that?

13:03 – 14:32Speaker 3

As you know, He's concerned about how the site's going to be utilized, how it's going to be screened, what's going to be stored. Site lineage. As you know, there's a test for use variables. One of the elements of the test is you have to find that the proposed use, the use itself, the generic use, will not alter the essential character of the neighborhood. That's one of the elements of the test. And that's where your role begins and ends. So if you feel that the proposed use will not alter the essential character of the neighborhood based upon the other uses in the neighborhood, the essential character of the neighborhood itself, then you can find that they met that element in the test. Regardless of outstanding site plan issues, this particular application is subject to site plan review. It's currently pending before the planning board. Okay. I don't know the legitimacy or the level of concern about those particular issues. I don't know. But there are definitely site plan issues that will be addressed at the site plan level. Your test is whether or not you believe the proposed use converting it to warehouse and storage will alter the essential character of the neighborhood. If you think they can make a warehouse with some storage work on that lot, provided they address site plan concerns, then they've met that element of

14:34 – 14:51Speaker 2

As an alternative approach, would it be appropriate for the members to consider tabling this matter pending the planning review and completion of at least that issue?

14:53 – 15:09Speaker 3

Sure, that's a consideration the board can reserve its decision. There is a requirement in state statute that you have to act upon an application within 62 days of a close of a public hearing. So if you close the public hearing tonight, you have 62 days to issue your decision.

15:13 – 15:24Speaker 4

Am I correct that this property is being purchased, correct? You don't own it yet. You're purchasing this property, correct? Or wanting to purchase the property.

15:24Speaker 1

We have not closed on the property yet.

15:27Speaker 4

And it's contingent on all this other stuff.

15:30Speaker 1

Well, not exactly.

15:31Speaker 4

Not exactly.

15:32Speaker 1

Okay. I'd like to add that we had a site plan review, and the only outstanding item was the spill plant.

15:42 – 16:05Speaker 7

And Andy, since Kevin's concerns are related to the operations and use of the site, is there an argument that like the landscaping and screening is tied to that and someone under the ZVA's purview or alternatively that, you know, obviously they can make a recommendation to the planning board or something of that nature.

16:05 – 16:36Speaker 3

Yeah. I don't want to overload her. But if you feel that the proposed use would alter the essential character of the neighborhood unless there was screening, then it would be a reasonable condition for you to say there has to be some type of screening. If you feel the use as a use won't alter the essential character, then it met the element. But if you feel it would, but it can be mitigated through fencing or something like that, then you could impose that as a condition. Can I answer the question?

16:36Speaker 4

Can the applicant address those questions that were just proposed? You can ask them.

16:44 – 17:03Speaker 1

Would you? Absolutely. At this time, we've only been to the building a couple times. We're not really sure how we're going to use it. I can tell you we're going to park automobiles there. We do have an equipment trailer. It's a flatbed trailer. That might get parked there. We own a couple of forklifts. We probably will put a garage door in. We're not going to put a forklift up there to leave it outdoors.

17:06Speaker 9

Could you speak to what your modification plans would be of the actual building that's there now?

17:16Speaker 9

Do you intend to cut a hole in the side of the wall and turn it into an indoor garage?

17:23Speaker 1

Potentially.

17:24Speaker 9

That's fine.

17:25Speaker 1

Yeah, we don't know yet. We have to develop our plan. That is a good possibility. We know it's clear span.

17:33Speaker 9

No, it's wide open. You've got a big banquet hall. You've got a big lodge room.

17:38Speaker 1

And the columns are a 24-foot center, so it could be used like that. We don't really plan to store anything really outside at this point other than employee cars.

17:49Speaker 9

Well, you've got adequate parking for probably 30 or 40 cars, as I recall.

18:00Speaker 1

For us, more like six cars at a time.

18:04Speaker 9

I'm saying... Yeah, we do. You could park 20 or 30 cars there. Correct.

18:10 – 18:42Speaker 9

But I want to go back to what that gentleman said earlier about the appearance of the water plant, the appearance of Time Warner. Is that something you could go back to planning with and modify the site plan to satisfy those concerns or at least address the issue of Are we going to put a garage inside and how that would alleviate what's outside?

18:44Speaker 9

Just thinking off the top of my head.

18:46 – 19:23Speaker 4

Right. And, you know, going along with that. Making sure that you're not altering the essential character of the neighborhood. Which I think would be part of what you're saying, you know, modifying it so that. the package for your use, which seems reasonable, but also so the package for the neighborhood also seems reasonable and aesthetic and pleasing and not an eyesore for anybody coming and going, people that live close by or wanna come into the neighborhood.

19:23 – 19:56Speaker 2

And tie to the comment, given the different, view an area where you propose your project, if the use of the new building will closely duplicate your existing business, how would you handle the aesthetics of that future potential use?

19:57 – 20:12Speaker 1

It's kind of a different use than we have now. We're still going to maintain our maintenance yard at 391 2nd. This will be for indoor. We store the boats, get toilet paper, paper towels, paint, spare parts. Those are the kind of things that we've envisioned using this site for.

20:13Speaker 4

So your vision is really a warehouse.

20:15Speaker 1

Yes, correct.

20:16Speaker 4

And some cars parked outside.

20:18 – 20:42Speaker 1

employee parking that's we've had a car stolen out of the 391 yard right and there's already there's already parking yes correct you're not creating correct creating parking correct but is is landscaping within the sorry to interrupt that's right uh is is that any any sort of landscaping feasible just absolutely i mean once we determine how we're going to use the outside yard we would of course shield it and uh be good neighbors

20:45 – 21:00Speaker 2

PB, Lupita D Montoya, Well, I think a little bit more. PB, Lupita D Montoya, Details other than you know we've we plan or will you know react in the future, something now, I think, would would help our our concerns.

21:00Speaker 1

PB, Harmon Zuckerman, When that be under site plan review.

21:02Speaker 2

PB, Lupita D Montoya, it's all tied together, yes, well.

21:09 – 21:35Speaker 7

Yeah, I mean, my only concern is I just, is there any strict requirements for landscaping or screening? Like, I feel like Eric hasn't outlined those, so that this would be more tied as like, to the discretion of the use, right? Like, it would almost have to also be, for it to be conditioned, have to be conditioned to somebody's approval. Well, it's essential character, right?

21:35 – 22:02Speaker 3

Yeah. And I'm not familiar with specific design standards required. that it's located in. But with that being said, that doesn't mean that the planning group doesn't have the inherent authority to require site improvements as part of site that you give, including screening, including that's close to their authority, as long as what they're seeking.

22:02Speaker 4

Can I can we stipulate that?

22:06 – 22:53Speaker 9

Let me say one thing about that building. I've been in that building conservatively 70 or 80 times. Parking is not an issue. The building is in good shape aesthetically. The lawn is maintained. I don't think you've got to put shrubs in, but I am concerned about the storage facility, the placement of a garage door, what's going to be left, quote, in the outdoor yard that you see. But if you want to turn it into a storage facility for boats where you mothball them in the winter.

22:53Speaker 1

We don't have any small boats. Everything that's very large.

22:59 – 24:44Speaker 10

I think it's a fair point to say that when we drive down Second Avenue, as people from Lansingburg, we drive by your Second Avenue site and I don't think, I think the city of Troy needs to say like, what do we want in Troy, right? And do we want it to look our waterfront and this isn't waterfront on 75 to look with like a commercial and you have a commercial water business that you need water from property for. I think if we're going to take those buoys and those things you have there and just move them there to 75 I think we're just taking something that as an eyesore to some people, they're not an eyesore to you because it's your business. to the residents and saying, we're moving it from there, which is waterfront and moving it to a commercial lot in the back. It's probably a little bit better for second half, but worse for 75 plant rock. Does that make sense? So my fear as a, and I, I'm a Lansingburg guy, right? I live fairly close to you. Your second half property is, and I always drive by it. And so I always look at it as like, you know, what are they doing there? And then I didn't know until fairly recently last few years that that was a Marine business there and the tugboats and stuff. So, but it's always just kind of looked like, yeah, it kind of just looks like stuff's there. Like he said, you know, it's thrown there. And I think that would be the concern of just moving that somewhere else. Now, would I prefer to be moved from somewhere else out of second half? Probably because I live in Lansingburg and I drive by it a lot. So I guess that's my concern too. It's like not being able to take the commercialist looking in or the, it's a yard. I understand the business just says like, you have to have some stuff that just sits out there too. I get it. You know, there's, you're not going to store those buoys and things inside.

24:45 – 24:57Speaker 1

The immediate need is safe, secure parking and storage. Our storage is down the lower levels of that building. It's in a floodplain. Every time the water comes up, we have to move everything out. That's our immediate needs.

25:01 – 25:18Speaker 7

Can they condition, you know, to that some form of, you know, The landscaping and screening is provided to the satisfaction of the planning board. This is strongly, it's at least one more level versus a letter of their opinion.

25:18 – 26:03Speaker 3

Yeah, you can recommend back to the planning board what they consider it because they are engaged in site planning review. You could say, hey, we want to please consider these things. You still have the test is the test that you have to apply. something else you can consider based upon what was just represented which if the concern is inside storage but they need places for automobile parking then conditioning it upon automobile parking only in the parking lot and storage room all storage indoor that that may get to where you need to be as well i don't know if the opposite that's what the applicant meant that's what it sounded like to me when you just put that out there so so to that which is what he says is currently what he wants to use it for

26:04Speaker 4

Five years from now, let's say he would like to use the land outside. Would he have to come back to somebody?

26:13Speaker 3

He would. He would have to come back and seek an amendment to the variance granted by you to eliminate or change one of the conditions you placed in line.

26:21Speaker 11

Are you okay with that?

26:25Speaker 9

I would rather table until next month and let you do whatever you got to do with planning. Is that viable?

26:34Speaker 7

I mean, I just, I know there's a sale pending that. I mean, you could speak to that if it's.

26:41Speaker 4

I mean, I think if we hold them.

26:44 – 27:07Speaker 4

Liable, shall we say that's the right word. So. I don't think anybody has a problem with the use. I mean, I don't have a problem with the use, but I think we have a problem with the aesthetic potentially down the road. We don't want it to just be an open situation.

27:07 – 27:18Speaker 1

Could we say that I'm only parking for items that are registered with the state, so a trailer has a plate on it. I can park my trailer there. I have a truck that has a plate on it. Can I park that there?

27:19Speaker 11

I would think so, yeah. with the state?

27:23Speaker 1

No, I'm not parking tugboats there. These are large.

27:31 – 28:00Speaker 10

I think the aesthetic side of it, though, is it public for, do you want to just, what's registered with the state? Like, regardless if he's not getting a tugboat up there by any means. But I mean, I think it comes down to, I think it would change the aesthetic of the neighborhood. Personally, Because I think a fence would go a long, long way to say, hey, we're not going to look at these commercial vehicles on this nice, maintained property that the Shriners have.

28:00Speaker 5

Right now, he's not saying there's going to be any commercial vehicles.

28:03Speaker 1

Or a pickup truck. Some of our employees drive pickup trucks.

28:08Speaker 4

Are you opposed to putting a fence up?

28:12Speaker 10

Could you make it contingent that he puts a fence up?

28:15Speaker 4

Or when he's ready to use it.

28:18Speaker 3

Well, if you believe that A fence with screen slats. Not a chain link. A nice vinyl fence.

28:29 – 28:40Speaker 3

A vinyl fence or whatever it is, but opaque fence will mitigate any concerns about it altering the essential character of the neighborhood when it's a reasonable condition.

28:45Speaker 5

You had your hand up in the back. I'm sorry, I can't remember your name.

28:49Speaker 9

Mr. Vandenberg. I think it's fairly clear.

28:51 – 29:31Speaker 8

If indications of the property on 2nd Avenue, are purely the indication of what's going to happen on this other property. And screening, I'm sorry? Is it on? I just think that the site plan is not complete. I think that there's a lot of fessing up that needs to be done.

29:31Speaker 10

Would you... Would it satisfy if we put it with the contingency of a fence? Would that help? How high is the fence?

29:40 – 32:14Speaker 8

Where's the fence going to go? Is it going to go along the blacktop? Is it going to go along the property line? Is it going to go on the grass? If you're going to put back stuff in there, and it's a big lot, yes, it is. But when you start putting a trailer in there, something has to come on the trailer. There's got to be... It should be a well-defined plan. When I come to the city of Detroit for everything I do, I've got to have a defined plan with everything. And I spent six years in this room listening to how valuable everybody thinks the river is. All right. It's not a good neighbor down there. All right. And now it's going to be up on the hill up here. Where's the fence going to go? Is it going to go on a property line? Is it going to go on a blacktop? How high is the fence going to be? And if you look at his current property, he stacks stuff on top of things. So right now, if you really want to screen off Second Avenue, you need a 14-foot fence. You know, where are the tanks going to go? What's the fork truck going to pick up? It's certainly, you don't need a fork truck to pick up the paper towels and everything we talk about twice now. You know, they're bringing a four truck up there because they're going to have heavy things. There's a door. Last month they weren't putting the door on. Now they're going to put a door on. Okay. It's going to be a yard. All right. Let's just get through this. It's going to be a yard. You know, and I'm a good neighbor to him. I want them to be a good neighbor to me. I think Troy's got to do a better job getting more out of people. Look at the car lots going down at Fifth Avenue and everything. They just come in and then these things take a life of their own. And they explode and they fall over. If you look at some of the property in Troy, it really bugs me at North Troy. All right. I'm building houses. So I'm asking people, come into North Troy, look at the house I want you to buy and live in it. I'm not doing anything to offend their business. I'm doing things to make my business better. This is going to be a yard. It's a yard. They have a yard now. They need to fess up and come up with a plan, a site plan that shows everything they're going to want to do. Because if you take the edge of Blacktop and you've been in a property 70 to 80 times, how far is the edge of property from the edge of Blacktop? It's quite a distance.

32:15Speaker 9

Depends on what side of the building you're on.

32:17Speaker 8

And there could be a lot there. There's a lot of room there. There's a lot more.

32:23Speaker 9

I understand. I think whatever goes in there should be appropriate.

32:28 – 34:23Speaker 8

I have no problem with the movement of business there. But let's be honest. We're making it a yard for marine business. That's what it is. Let's fess up. Here's what we want to do. Here's long term. If I'm moving property, when I'm moving property, I can tell you where everything on that site right now is going to go. I know what my intentions are, why I'm doing this. I know why I'm investing hundreds of thousands of dollars. And I know what my needs are down at Second Avenue. And I'm going to fulfill my needs on Second Avenue by getting some of this stuff up there. It's not all going inside. It's not. All right. And these things take a life of their own on. And you can look at many of the car dealerships. You know, there's one up Fifth Avenue. That's it's a mess. All right. We got to do better. We got to ask more. They got to come up with more. He's got to fess up and say, here's what I wanted. Then now in five years, I got to go and say to somebody, make nine phone calls and say, hey, look, everything I told you he was going to do, he's doing now. How do we stop that then? They draw my feet to the fire pretty good at stuff that I want. You know, the fire department gets involved with things that I want to do, all that, you know. They've got, they know what their intentions are to do with the property. I know what my intentions are with every piece of property I buy. And that is a marine yard. Black in the marine, that's all. It's just a little further away from the river. But everything that we need at the river can be transported by that trailer and put out with that fork truck. You know, they say the duck, the duck, it looks like a duck. All right. Thank you.

34:23Speaker 4

Okay, thank you. Please.

34:30 – 35:13Speaker 1

I want to be clear. We really don't know what our final use is. We know we need indoor storage. We know we need safe parking for our employees. We don't plan to store expensive things outdoors at this time. I mean, there's no reason to. And we're not like a boatyard. We're a tug and barge business. We don't have boats and little things. Everything we have is very heavy. Our plans are developing. We don't know. We've only been to the building three times. It's a clear span, pre-engineered steel building. It's perfect for a warehouse. I don't have a tractor trailer. We have a small two-axle trailer that we move things on. We need a safe place to park it. We've had a trailer stolen also from the property.

35:18 – 35:30Speaker 7

Rob, would you be able to provide a list of the type of things you would expect it To be in the parking lot area, to be not indoors. I can tell you right now. For over 24 hours. No, in writing.

35:31 – 35:44Speaker 1

Well, cars, pickup trucks. There's really nothing other than that. We don't have anything that's, we have a boat, a little skip on a trailer. That's it. We don't really have anything that's mobile at this time.

35:47Speaker 7

So the exterior use you're projecting, it's not similar to what your existing location in terms of.

35:55Speaker 1

No. And we could agree to, if we would, you want screening, we'll do screening, whatever fencing.

36:08Speaker 9

Could you explain to me how marine transportation business is different from a boat yard? I don't know anything.

36:15 – 36:44Speaker 1

For instance, we just loaded five transformers going to Canada in Port Elizabeth. We put them on a barge. We transport the barge up the Hudson River, up the Erie Canal to Port Oswego. We go out on the Great Lakes. We deliver the transformers. We come back. We dock ships in the Port of Albany. we um we move stone we pick up stone from upstate quarries we move stone into the metropolitan area of new york and connecticut in support of asphalt and concrete production We move oversized heavy things by water.

36:44Speaker 9

But that would have nothing to do with 75 Water Plant Road, would it?

36:48 – 37:06Speaker 1

It's all the support things for those tugboats. So the tugboat has a crew of five. It's like a condominium. It's got air conditioning, heating, ventilation, galley, refrigeration, engines, generators. All those spare parts are now stored in containers. We want to have them indoors where you can index and see things better.

37:08Speaker 10

So you're saying you're gonna take those containers in second half down?

37:11Speaker 1

No, no, too expensive.

37:15 – 37:31Speaker 2

I have a question for council. What is the relative enforceability of a condition of the planning board versus the zoning board?

37:33 – 38:32Speaker 3

I think, assuming it was the same condition, it's equal weighted. It would be any building permit, any CO that's issued is subject to compliance with the land use board approvals, being you and the planning group. If someone eventually violates a condition of approval, then any approvals that were issued as a result of those conditions and that approval would be subject to review and worst case scenario revocation. So there is, you can enforce conditions of land use approvals, but there is a process. It isn't automatic, but it would be a violation. A violation of your condition would be a violation of the subsequent permits issued resulted in .

38:33 – 39:12Speaker 4

And who would be policing that? COVID. So, I mean, are you saying theoretically that if we were to approve the use variance on the condition that it did not alter the essential character of the neighborhood? saying that he's not going to alter, by what he's saying right now, it's not going to alter the essential care. He said he's gonna use it for parking and for warehouse, which is doing nothing to the exterior. So that's what he's presenting to us.

39:13Speaker 10

But other than a garage door. Parking is a pretty loose term. What are you gonna park there?

39:19 – 39:35Speaker 2

Well, that's the thing. If he is uncertain about his future uses, whatever condition we put on, I like how Tamara phrased it, our conditions would have to be similarly broad.

39:36Speaker 10

Correct. My thoughts on conditions, Tamara, would be screening around the edge of the property.

39:43Speaker 4

HAB-Masyn Moyer- If they decide if they decided. HAB-Masyn Moyer- Rectangle.

39:48Speaker 10

HAB-Masyn Moyer- Yard area. HAB-Jacques Juilland- The yard area. HAB-Jacques Juilland- Well, and nothing and nothing to and that condition that you couldn't store something that was taller than the fence.

39:59Speaker 4

Do you have things taller than six feet tall? Yes. Yes, of course.

40:02Speaker 1

But we're not going to store that there initially. There's no plan to do that. I can't hear you, sir. There's no plan to do that, which would be a connex box, which is eight feet high.

40:11Speaker 10

At this time.

40:12Speaker 1

At this time.

40:12Speaker 10

Yeah, but I think that you can get a, I think the code for fencing is eight feet.

40:18Speaker 4

You'd have to come back for a variance for that.

40:20 – 40:56Speaker 10

Yeah, but I'm just saying that would be some condition I would think. I mean, you know, an appropriate condition there is. satisfies the concern of the neighborhood and you're not changing you're not changing the right what is the wording of it the changing the essential essential character of the neighborhood but but when you put those conditions on it like i don't that might be you might say you're nuts you know you can't do that right can i offer a suggestion okay to me i would like to table this and respectfully submit that you and planning sit down

40:57 – 41:12Speaker 9

and come in with a more defined plan of exactly what you wanna do with the building, how you're gonna do it, where you're gonna do it. or we'll be here all night long with all these what ifs and contingencies.

41:13Speaker 7

So they have two more planning board meetings left since their application wasn't marked complete left. So they still have two trips back.

41:24Speaker 9

I can't hear you.

41:25 – 42:23Speaker 7

They still have two planning board meetings left at a minimum for it to get application complete and then the public hearing. So on one end, it could be tabled and they could return in the middle of those meetings, you know, next month, essentially. I do believe there's a sale pending. You'd have to ask the applicant if that would affect the sale. And then I don't know if also... if it does go through, if that affects the conditions of the use variance. You could also just trust planning board to impose your recommendations. Yeah, I mean, I think that's the two. So it sounds like no one's against the screening and whether the applicant planning board is not gonna be against it. You guys are for it. It's just a matter of whether or not you trust them or wanna have a more direct role on seeing what's actually proposed.

42:23 – 43:01Speaker 4

I mean, tell me if I'm wrong here. You're looking to buy this property to fulfill an immediate need, which is security, et cetera. Obviously, anybody that buys any property, you never know what you're going to do. Whether it's a house you're ripping out, you never know what's going to happen five years from now. So, I mean, personally, I think because there is a sale pending, if we were to kind of saddle him with some good contingencies, that at least he can keep going forward, even if it's a baby step.

43:02 – 44:50Speaker 3

So, regarding... ownership versus contract vending. It's a huge difference for purposes of ZBA review. Because, as you know, the last element of the use variance test is whether or not the hardship is self-created. And for use variance, if it's self-created, that defeats the application you can't grant the use variance. If you purchase a property that doesn't have the use allowed that you want. That's self-created. So if Mr. Goldman was here and say, I bought this property, now I want a use variance, he would not meet the self-creating test. The fact that this variance isn't self-created is because the current owner, the Oriental Shriners, has been trying to sell this for years The zoning changed underneath it. It's no longer allowed use as is, and they haven't had any takings. So the current ownership structure meets the definition of a self-created hardship. If he buys the property, Mr. Goldman doesn't because he willingly purchased it with the zoning restrictions in place. So that's why the purchase and the closing on the property is pivotal because right now you have an application that, in my opinion, meets the hardship not self-created question it answers it in the affirmative it's not self-created but if he purchases it that analysis would change because he knowingly purchased it with these zoning restrictions what is what is the time frame for the sale tomorrow are you serious yeah yes

45:03Speaker 5

I think we should go and move forward. I think we should move forward.

45:09Speaker 11

You phrased it in terms of

45:17Speaker 2

not altering, we don't see.

45:22Speaker 4

I mean, can I make a motion? Yeah. You don't have, let me, I need the, now the ZBA parliament.

45:28Speaker 3

Can we just confirm the public hearing is closed?

45:31Speaker 4

Oh, no, we need to ask people online and see if our men, would you like to speak again?

45:39Speaker 10

Come up to the mic, please.

45:44Speaker 11

That's nice, that's nice.

45:48 – 46:49Speaker 8

If we look at the topography of the grade of the ladder, everything is graded away from the building. And if we said to him, we'll put a fence up, screen it. And he puts a fence up, an eight foot fence on the edge of the property that's four feet lower than the upper property. What's it doing? I still say he knows what he wants to do. Let's just talk about it. Look at the piece on 2nd Avenue. It's an indication of what's going to come up there. It's an incomplete. The site plan, in my humble opinion, which means nothing, is incomplete. Do we want to approve him tonight so we can have his closing tomorrow and say you can park four cars and one trailer and a four truck as long as you hide it? You can't have anything else on there until you come back? Is that an option?

46:49 – 47:09Speaker 4

Yeah, well, in a way, because what I was going to propose was that upon, you know, moving that we approve it, as long as it doesn't alter the essential character of the neighborhood, which, of course, is open to interpretation.

47:09Speaker 8

Yeah, where is that? Yeah, but I mean, that was the general... Is it mine or your interpretation?

47:14Speaker 2

Well, right, so I mean... If you tied that to... The interpretation of a planning board.

47:22 – 47:41Speaker 8

There's also an old saying, it's called caveat emptor. Buyer beware. All right. He's got a closing tomorrow. Again, I don't have a problem with going up there and running his business there. You know, I have a problem with the exterior look and where that building is going to go exteriorly.

47:43Speaker 2

If we put a condition on, but not something that's going to hang out there for five years, but we tie it to the planning board's review.

47:53Speaker 8

How about a complete site plan? That would do it. A complete site plan would do it.

47:57Speaker 4

Well, I think he can't give a complete site plan because he's not there yet.

48:03Speaker 3

What I would suggest is take all the public comment. Consider closing the public hearing. So the board can then deliberate amongst the boards.

48:13Speaker 8

Okay. Does that close the public speaking? Yeah. Yes.

48:16Speaker 4

Do you have anything more to say?

48:18Speaker 8

Well, I might. I think you said it.

48:23Speaker 4

I mean, you said the same thing.

48:24Speaker 8

So tell me again what you're going to approve. Well, we don't know. So suppose I got something to say after you approve what you want to approve.

48:34Speaker 7

We're already quite generous in the amount we allow the public to speak.

48:41Speaker 8

I was helping for six years with mine.

48:43Speaker 7

We know what you went through.

48:46Speaker 5

I just think that there's some fessing up to be done here. Is there anybody online that would like to make a comment? No. Okay.

48:57 – 49:25Speaker 7

i mean i think a reasonable condition one option would be like a development of a site plan and landscaping plan to the satisfaction of the planning board uh that you know i don't provide some screening of any additional site elements exterior elements required that storage wouldn't be above that screening From the viewshed of the roadway.

49:26Speaker 2

I see. I think that would be important for me. Well, that's the essential character, ties to that.

49:32Speaker 4

What's your tallest thing?

49:35Speaker 7

But specifically, you're talking about viewshed from the roadway, right?

49:39Speaker 1

Viewshed from the road. From Oil Mill Hill Road? Because what the gentleman said, going down. Going up.

49:48Speaker 3

Can you word this for us? Let me just jump back one step. I'm trying to keep the process. Are we okay with closing the public hearing?

49:56Speaker 9

I am. Yes. I would like to move we close the public hearing. I second. Okay. You got it first. Sorry.

50:05 – 50:54Speaker 3

Do we need a vote on that? In terms of talking about conditions, you can deliberate amongst yourselves with conditions. I would point out, however, though, and this is more of a practical analysis rather than a legal one, it's a large problem screen and and that neighbor may be correct a eight foot fence along the road may may not get what you're looking for i think if you're going to consider an opaque fence for screening look at requiring it on the northerly side of the parking lot to the west side of the parking lot because i don't know that you need to screen it from from the sludge ponds i think what you're really looking at is is from the public road and two fences along the asphalt line, I think would address it.

50:55 – 51:18Speaker 2

I like the recommendation about the condition per the site plan and landscaping plan that is satisfactory to the planning board. That's broad enough for them to analyze The distances and heights. I would agree with that.

51:18 – 51:47Speaker 3

And that's correct. And the net result of that is if that's your condition and the planning board denies his project, then he no longer has his use variance because he didn't comply with that. So that condition works well if the planning board ultimately approves a site plan. If for whatever reason the planning board denies the site plan, then the use grants would also be denied.

51:47Speaker 5

It does what we want to do. Right.

51:52Speaker 4

I'm going to need some help here.

51:55Speaker 5

Okay, should we have Evie?

51:57Speaker 11

Yeah, I got to go. Which one? We're closing and write a check tomorrow.

52:06Speaker 2

So I'm going to do the environmental motion first.

52:14 – 52:32Speaker 2

Okay. Mr. Chairperson, in regard to PLZBA 2026-0070, as supported by the staff reports, I ask that the board find this proposal to be an unlisted seeker action with sufficient information available for a negative declaration.

52:33Speaker 5

Okay. I have a motion.

52:35Speaker 10

I second. Vote to approve. Approve.

52:39Speaker 5

Approve. Approve. Approve. Okay.

52:45Speaker 10

We're going to do, we're going to do one other secret, right?

52:48Speaker 5

We're back in a public session now, right?

52:52Speaker 3

No. You're always in public session. Okay. It's just the public hearing is closed. So the public opportunity to comment. Over. Okay. Thank you.

53:00Speaker 4

Do you have more to do?

53:04Speaker 10

No. No, no more Seeger? No, okay, sorry. No, okay.

53:08Speaker 11

Are questions allowed during this?

53:12 – 53:27Speaker 3

From us? It depends who you ask. Oh, sure, absolutely. The fact that the public hearing is closed, the public at large no longer has an opportunity to comment. If you have questions for the applicant, the applicant is willing to- That would be fine. Absolutely.

53:29Speaker 9

Could this closing, in your opinion, take place next month as opposed to tomorrow morning?

53:35Speaker 1

Time is of the essence. We have that in the contract. And if you are aware of what the Shriners went through, they needed an attorney general approval. We were going to close.

53:44Speaker 9

I'm really not aware of what the Shriners have gone through. Oh, my God. They talked about selling the building. And that's truly.

53:52 – 54:03Speaker 1

No, as far as our closing, tomorrow's it. We're in default. I got them to agree so we could go through this meeting.

54:05 – 54:20Speaker 3

I don't know the particulars of their deal, but what he's saying is consistent. Because the Shriners are not for profit, it's likely they require the Attorney General Charities Bureau authorization to sell property. So I believe that's an accurate statement.

54:21Speaker 9

I believe that's accurate, too.

54:24 – 55:55Speaker 4

Okay, I'm going to make a motion, but if people need to chime in and throw a couple of asterisks in there, please do so. I move that the board approve the variance PLZBA-2026-007075 water plant. for a use variance with conditions that I will mention at the end based on the following findings. The property is unable to provide a reasonable return unless a variance is approved. The hardship related to the property is unique when compared to similar properties and does not apply to a substantial portion of the neighborhood being that it's a building that is not being used and has been trying to be sold and has been vacant or whatever. The alleged hardship is not self-created. Conditions are the requested variance, if granted, shall not alter the essential character of the neighborhood with the conditions that the site planning and landscape planning that is prescribed by the planning board HAB-Masyn Moyer- is followed through by the applicant that opaque fencing. HAB-Masyn Moyer- be something that hides whatever it is that needs to be hidden from the public road, probably on the north and west sides of the property.

55:57Speaker 7

I don't know if you're going to tie yourself to opaque unless you do, but I mean...

56:07Speaker 4

Screening. How about solid? Solid screening.

56:14 – 56:29Speaker 7

What if they want to do hedges? I'm sorry, I'm just... I mean, they can put Arborvitae as far as I'm concerned. Yeah, so it goes the view shed is... screened to the satisfaction of the plan.

56:29Speaker 4

The view shed is screened from the north and westerly side so that nothing is visible from the public road. Is there anything else?

56:39Speaker 9

Is the north side of the building facing Water Plant Road the main entrance with the door?

56:46Speaker 1

I think the north side is Oil Mill Hill.

56:54Speaker 9

Northern Drive would be the south side.

56:58Speaker 1

Here, let me get the site.

56:59Speaker 9

Water Plain Road would be the west side.

57:04Speaker 9

The north side would be opposite the Time Warner building, right? Yes.

57:10Speaker 1

Is that a yes?

57:17 – 57:30Speaker 9

Let me see this. Let me see. Here's the building. Here's the main entrance. This is water plant road, right?

57:31Speaker 11

This is brickyard road here. Brickyard, yes.

57:39Speaker 1

So north is this way.

57:40Speaker 11

That would be crazy to have the wood fencing here.

57:42Speaker 9

This is what I want to make sure that we all understand where north... Can I make a recommendation that

57:50 – 58:19Speaker 7

you keep, so we don't get locked into something like just by the words, if, you know, word it how you want at the end, but that you condition it again, more broadly to the satisfaction of the planning board. And, you know, maybe specify that the, you know, especially in terms of view shed, but then you follow up with, a more strict, just then you give your opinion or like the details, you message them to the planning board.

58:21Speaker 7

After this, you relay it to them.

58:23Speaker 2

Because they're going to analyze all the locations and heights.

58:29Speaker 7

Yeah, I'm just trying to avoid getting locked into something where if you say nothing's visible in the viewshed, nothing's a strong legal term.

58:37Speaker 2

If there's something with regards to a site plan and landscaping plan that is satisfactory to the planning board,

58:47Speaker 4

HAB-Masyn Moyer- Which I said that part.

58:49Speaker 7

HAB-Masyn Moyer- yeah that and then and then maybe email them or. HAB-Masyn Moyer- So that. HAB-Masyn Moyer- I mean i'll relate.

58:55 – 59:26Speaker 3

HAB-Masyn Moyer- But when you when you start going into the and we want screenings will want it. HAB-Masyn Moyer- If you may, I think we're saying, if you make that a recommendation for planning board to consider you achieve both purposes, you know you've made their. use fair and subject to satisfying all the requirements of the planning board. And then you pass along to the planning board by a recommendation that you believe some type of screening is warranted to screen whatever's gonna be placed in the park.

59:27Speaker 2

But those are recommended components of a landscaping plan, correct?

59:34Speaker 4

It should be.

59:35Speaker 7

Yeah. Well, that can be translated through the minutes. We will verbally translate it to them. You can also email it. There's a lot of methods you can get that information to the board.

59:44 – 59:57Speaker 9

This is real simple. Nobody can answer the question. That's the main entrance on the building. See where my finger is? Is that north? Is that what you're saying? Run it north?

59:57Speaker 3

No. No. I said northerly, from the building. If you go to the right, where you just put the front door. Now go to the right to the corner of the building.

1:00:07Speaker 9

So what you're saying is from the corner of the building to the end of the blacktop.

1:00:13Speaker 3

On the oil mill hill road.

1:00:16Speaker 1

Yeah, that makes sense.

1:00:17Speaker 11

Let's not lock ourselves into.

1:00:20Speaker 1

That makes sense. Yes.

1:00:21Speaker 3

And then at 90 degrees.

1:00:24Speaker 3

Got it. The other end of the parkway.

1:00:28Speaker 9

See how easy that part is? Well, we could translate it through minutes, too. Well, that's what he said.

1:00:39Speaker 9

He didn't know. All I'm saying is show me.

1:00:41Speaker 11

All right. Do I start again?

1:00:48Speaker 10

It might be good for the record.

1:00:53Speaker 10

Whatever you think.

1:00:54Speaker 4

Well, how about if I just start again with the conditions? I got what you're saying. Yeah, yeah.

1:00:57Speaker 10

Totally understandable. Yes. You didn't need to show me. I got it.

1:01:01 – 1:01:42Speaker 4

All right. So let's modify the conditions on PLZBA-2026-0070 that, as per our discussion, site plans and landscaping plans that are prescribed by the planning board be approved. With that, we are recommending that some type of screening should be provided for the viewshed. We are not going to be specific as to where that should be at this time or what type of screening it should be other than screening. And is there anything else anybody wants to add? Is that good?

1:01:44Speaker 11

Yes, it's good on the condition.

1:01:46Speaker 3

And as read, that's satisfactory.

1:01:50 – 1:02:12Speaker 4

motion with the proposed condition president yes make a motion that i i did so what's the second vote to approve no we got a second oh all right i thought you said no nobody said i second there you go okay i started that i approve i approve i approve you're gonna abstain

1:02:17 – 1:02:28Speaker 10

I don't know. That's a tough one. I'm sorry. Yeah, three. So I'm going to vote no on this one. Okay.

1:02:28 – 1:02:39Speaker 3

So three out of five passed. So the motion to grant experience with the commission passes 3-1-1. Three is the majority of the five-member board.

1:02:40Speaker 11

Thank you. I didn't see that coming. Yep. All right. Did I surprise you, Chris? Yeah. I'm very nervous.

1:02:50 – 1:03:26Speaker 5

Okay, our next... Business is PLZBA 2026. I'm sorry. 2026-0073. 31137 they have. The applicant, Mr. Carryon. Carryon, that was pretty good. Is proposing to construct a 60 by 100 foot metal storage garage for vehicle parking as part of an expansion of his existing auto repair business requiring a variance. Please state your name and...

1:03:26 – 1:05:39Speaker 6

Good evening everybody my name is catch carry on. Sorry I had to bring this down a little bit. My name, my name is catch carry on. I'm the owner of Troy's best auto body. It's a family business that was started in 1993 by my father, who's also here in the room. You know, we're running into an obstacle here right now, and it's in terms of sustainability and growth for our business. And, you know, I was born and raised in Troy. I have investment properties in Troy. A lot of my guys that work with us have investment properties in Troy, went to Troy High. You know, Troy is in my blood. So where we're at right now is we're having issues with vandalism in the area. Obviously, 7th Ave isn't the greatest area. What we want to do, what we're proposing is a 6,000 square foot building to securely store the vehicles that are currently in our work in progress. So it's really important to us to be able to keep those vehicles safe and secure. In a sense, our reputation is on the line because I can't tell you how many times I've had to make an uncomfortable phone call to a customer stating, hey, someone broke into your vehicle and your personal property was stolen or the vehicle was damaged and vandalized. So how do you put a dollar amount on your reputation? How many customers have you lost because of that? And another important thing for us too, and for me personally, is visually, you know, the visuals of the lot currently, the past 10, 15 years that I've been working here and building the business organically, I always looked over in that lot and envisioned a new building, right? Something that's going to bring a positive visual impact to that area. We are directly adjacent from the city of Troy DPW. We've worked on their vehicles numerous times. So I don't believe it's gonna harm the character of the neighborhood because there's already a lot of commercial use and industrial buildings. Obviously the municipality is right there. So that's currently what I'm proposing at this moment.

1:05:46Speaker 11

Go ahead. Question to answer.

1:05:48Speaker 9

Do you own the auto body collision shop across the street from the parking lot?

1:05:54Speaker 6

From which parking lot? I'm sorry. Troy's Best Auto? Yes. Yes. That is our business.

1:06:00Speaker 11

Right across the street. Jesus.

1:06:22Speaker 4

So it's the land across the road. Yep.

1:06:27 – 1:06:40Speaker 9

It's directly opposite. Correct. Correct. Now, where on that lot would the proposed building actually be placed? Bill.

1:06:40 – 1:06:55Speaker 6

So we're proposing with the appropriate setting. I might have a copy of it here.

1:06:55Speaker 7

Is it in that package?

1:06:57Speaker 6

Yeah, it should be.

1:07:02Speaker 7

No, I know. If you scroll down, is it there? Okay.

1:07:22 – 1:07:45Speaker 6

Hang on. Let me see if I got it. I'm sorry. Give me one second. Hold on.

1:07:59 – 1:08:13Speaker 11

It's not in the agenda. Documents on the network. We could access our network here at Troy. Yeah, yes.

1:08:30Speaker 6

Yeah, it was it was the other one was submitted. But this is showing.

1:08:57Speaker 3

So the rectangle, the proposed building is on there. That's not the envelope. Correct.

1:09:02Speaker 6

It's the inner rectangle. The inner rectangle. Yes. Sorry.

1:09:05Speaker 4

See how easy that is? Yeah. Sorry.

1:09:07Speaker 6

It's been a long day. I came straight from work.

1:09:09Speaker 4

It's not your job to be looking at blueprints. So they're hard to read.

1:09:15Speaker 9

If that were to be approved, what type of lighting would you have? on or about that building?

1:09:25Speaker 6

So we have PAL lighting currently there.

1:09:28Speaker 9

What does that mean?

1:09:30 – 1:09:55Speaker 6

So we had National Grid come in. That was one of the reasons why I proposed this building. So National Grid came in, installed two light poles with lighting, LED lighting facing the lot. Facing the lot. Facing the lot. Correct. Yeah. And we went through code for all that to make sure it was appropriate. So it's lit up very well right now, but we'd be more than willing to add any appropriate lighting, you know, during the site.

1:09:55Speaker 9

What about fencing on the exterior perimeter of the property?

1:10:00Speaker 6

That is the plan as well. We're going to blacktop, brand new blacktop, new fencing, everything. We do have a pre-existing fence there right now, but it's not in great shape.

1:10:10Speaker 4

No, it's not.

1:10:11Speaker 6

Yeah, it's in terrible shape.

1:10:14Speaker 4

And is that parking in the front right on that skinny rectangle to the right of the proposed building?

1:10:23 – 1:10:35Speaker 6

Yes, yeah. So there will be some parking there. and there'll be a little bit of parking in the front, but the main use of that is for parking, for inside keeping the vehicles stored in the building.

1:10:35Speaker 4

The building, the use of the building.

1:10:37Speaker 6

Correct, yes.

1:10:37 – 1:10:48Speaker 9

Can you use exterior parking on the lot for cars if in fact you build that structure to house cars?

1:10:50Speaker 6

You could fit some vehicles on the outside of it, but the whole purpose of doing this is to keep the assets safe, which are the customer's vehicles.

1:10:58 – 1:11:13Speaker 9

I understand that, but my question was, is it allowed to park on the lot if you have a building built to house the cars? Or is that a dual use?

1:11:13Speaker 3

There's nothing in the code that would prohibit building for parking as well.

1:11:25 – 1:11:47Speaker 3

But as you know, the use-variance test, which we spoke a lot about tonight, is one of the things is you have to look at what's the need for the variance. And if the need for the variance is indicated by the applicants, they need to put the vehicles inside, then conversely, aren't they saying there is a need to have vehicles outside?

1:11:47Speaker 9

That's where I was going with the question.

1:11:49 – 1:12:12Speaker 3

Yeah. So... Would it be a reasonable condition to consider granting the variance to allow for inside storage with the condition that there be no outside parking? That would be perfectly reasonable because as the applicant is indicating, the purpose of the building is the need for security and putting everything inside. Well, if that's the case, then there won't be a need for any outside parking.

1:12:13Speaker 9

Would there be any outside parking or would all parking be inside the building?

1:12:18Speaker 11

Anything that's stored in there.

1:12:22 – 1:12:48Speaker 6

well i mean i'd be 100 okay with that um so with with our business there are sometimes vehicles that come late at night and um you know they will be it's not like it's going to be there long term right it'll be there maybe overnight but then brought directly into our shop or moved in so i mean the sole purpose is indoor parking correct so i don't have a problem with that at all so

1:12:50 – 1:13:05Speaker 3

Just to understand the nature of your business, if somebody, there's an accident in the middle of the night, and they say tow it to your place, you're not there. You're not there to open it up and bring it in, so the tow operator probably has the key to your lock, and they would leave it parked out.

1:13:05 – 1:13:23Speaker 6

Oh, I'm there. Yeah, I'm there. So if I get a phone call, car's getting towed in, I'm going there. You know, it's especially like you don't want cars left on the street either. You know, so we. So, yeah.

1:13:23Speaker 4

Yeah. Explain. Explain. Give us a horrible scenario where there's an accident at three o'clock in the morning.

1:13:30 – 1:13:47Speaker 6

So, yeah, there's an accident. You know, we get the phone call. Hey, this vehicle is getting towed in. There's been one or two options. What we've been doing recently is, hey, you know, I get the phone call. I meet the tow truck driver there. I open up the gate, the car gets towed in, and then we deal with that tomorrow. So you don't tow them.

1:13:47Speaker 5

They come from outside towing.

1:13:48 – 1:14:11Speaker 6

Correct. Correct. Yeah. So we we have partnerships with Geico, a lot of major insurance companies. So we'll get emails or if it's an emergency, it'll be a phone call. If I'm not available or I don't pick up the phone for some reason, we do have a key drop and it's parked on the side of the building on Dow Street side. So off the side to the building, though, they rarely ever leave it on the street.

1:14:12Speaker 4

And are you saying that a smashed up car would be not outside more than 24 hours?

1:14:18 – 1:14:53Speaker 6

Agreed. Yeah. I mean, that's our goal. I mean, the... The main thing right now is protecting them, right? So these are vehicles that are already in our workflow. Like let's say a vehicle was just painted. This vehicle has to move out of the paint booth because the way that the shop is designed right now, there's not a lot of space. So you have to move cars in and out. So this new building will actually help us be more efficient. We can bring them to a secure indoor facility where it can cure properly. And then we bring it back in to finish whatever work we need to do on 31027th side.

1:14:53Speaker 5

So you get a crash vehicle. It's towed in. It's not drivable. You'll still take care of that in the morning and get it inside.

1:15:02Speaker 5

Go ahead, Andy.

1:15:08Speaker 3

I think I hear people thinking of conditions. Would a condition towed in vehicles are moved inside a building within 24 hours of arrival

1:15:18Speaker 6

Yeah, absolutely.

1:15:20Speaker 9

I'd give him 48 hours.

1:15:24 – 1:15:48Speaker 7

just to clarify the the nature of your business isn't significantly changing right like you're you're just enclosing more vehicle there's vehicle store there now correct you're now enclosing more vehicles correct yeah so so these same vehicles would also be there if this project didn't happen they would be there yes but we're we're in a spot right now where we

1:15:49 – 1:16:02Speaker 6

have hit a plateau, if that makes sense. And this would actually help us become more efficient. So yes, those vehicles that are currently there will be inside. And this is only going to help protect us and grow more.

1:16:02Speaker 7

If the board's preference is that they're inside, this whole project is only helping that. Yeah, correct. Absolutely. 100%.

1:16:13 – 1:16:38Speaker 2

I've got some environmental questions. You're talking about cars that have been in an accident, whatever, likely to leak fuel. You're going to put a blacktop. Will it be sufficient to be impervious to the oil going through? That'd be Chris.

1:16:39 – 1:17:03Speaker 6

We don't plan on putting any vehicles that are leaking any type of fluids in that building. It'll be strictly in the building that we are right now. So that building is currently for vehicles that are either one being worked on, not leaking any fluids or anything like that, or getting ready to be delivered in that sense. So the cars that are currently being worked on will be in the 3102 building, not the new building that we're proposing.

1:17:03 – 1:17:15Speaker 10

It would probably be better that it was on that paved lot than the grass lot that it is now. Just from a thought, I would rather have it leak on the blacktop.

1:17:15Speaker 6

I agree. I agree. I can't. Yeah.

1:17:19 – 1:18:09Speaker 2

Now, with regards to the short environmental assessment form you prepared, I know it's not something you do on a regular basis, but on page two, you check both yes and no. JoAnne Hanrahan, On is the proposed action permitted use under the zoning regulations might be have been confused on the process, I think that's what it might then. JoAnne Hanrahan, Just wanted to clarify that. JoAnne Hanrahan, yeah that's right yeah I would assume that, but sometimes people whatever. JoAnne Hanrahan, And under 11 you have. will the proposed action connect to existing wastewater utilities? And you check no. And it says, if no, describe the method for providing wastewater treatment.

1:18:10 – 1:18:48Speaker 6

So we don't plan on, you know, washing vehicles there or doing anything like that. Um, we may have you know we may have a bathroom installed you know it's it's not going to be a facility where we're working in that facility if that makes sense so um i didn't think waste anything with waste would be an issue because it's more of an indoor storage for work in progress that's going on in our current facility that we're working on it's really a holding center pretty much yeah it's indoor storage if you decide to install a bathroom that would connect to the city so Yes.

1:18:48Speaker 3

So the answer to that question is yes.

1:18:53Speaker 6

Thank you. No problem. Yeah, sorry, it keeps falling. I'll just hold it.

1:19:02Speaker 7

Andrew, what is the actual, or Andy, the actual variance being, like, is this being triggered because the code's been updated since his current configuration?

1:19:13 – 1:19:43Speaker 3

Well, My understanding is it's a vacant lot without structures that would utilize the park. They now want to enclose those vehicles due to security concerns. They want to put everything inside, which is perfectly understandable. But that type of storage building wouldn't be allowed as a principal use in the existing zone. So that's true. You need to use it. In the new zone. It doesn't mean it's a bad idea. It just means the current zoning doesn't allow it.

1:19:44Speaker 7

And there's no other setbacks or other variances being triggered or?

1:19:48 – 1:20:09Speaker 11

So I think, I remember I spoke with you on the fact that it requires you to meet the setback requirements for level three, and you said it was going to meet. So you would suffer inside that group. So because you wanted to make sure that this, you get a full report for the use.

1:20:10 – 1:20:22Speaker 11

Before you go into detail on. Because what you currently have, I just want you to know that the microphone front setback is 10.

1:20:24Speaker 6

From the front is 10 feet. Okay.

1:20:26Speaker 11

So from 7th Avenue.

1:20:29Speaker 6

From 7th Avenue. Okay.

1:20:31 – 1:20:46Speaker 11

Because you had said you were going to make it work. That's why. Yeah. So this is not, you are not requesting for that variant because you said you were going to make it work. Correct. The intensity zone diagram. Correct. So if it's not, Okay. Okay.

1:21:13 – 1:21:30Speaker 6

Right, right. Yeah, I have no problem meeting the setbacks. That's not an issue. Yeah, this was more for, is this something... that's plausible, right? Before we get into crazy site plans and all that. Yeah, yeah. Yep. Understood. Okay.

1:21:30Speaker 11

And come see us again. Sounds good. For purposes of this evening, that means the equipment they're showing

1:21:52Speaker 3

likely isn't going to be where the building would be. The building is going to move closer to some of that.

1:21:57Speaker 4

It's not exact. Right, Zach. That's a concept.

1:22:03Speaker 5

Yeah, will you do this?

1:22:06 – 1:22:27Speaker 2

Ready for the environmental motion? Yes, please. Mr. Chairperson, in regard to PLZBA 2026-0073, as supported by the staff reports, I ask that the board find this proposal to be an unlisted seeker action with sufficient information available for a negative declaration.

1:22:29Speaker 9

I would approve.

1:22:30Speaker 10

Approve. Approve. Approve.

1:22:33Speaker 4

Approve. Okay. Do you want to do it?

1:22:38Speaker 11

Yes, she's got it.

1:22:39 – 1:24:12Speaker 4

I move that the board approve the variance PLZBA-2026-0073-3113-7th Ave. um let's see property it's a good use of the property it's a good use for this company to grow The property is unable to provide a reasonable return for safety and this variance is something that they need. The hardship related to the property is unique when compared to other properties and doesn't apply to a substantial portion of the neighborhood. It's going to probably improve the neighborhood. The requested variance, if granted, will not alter the essential character of the neighborhood. It's sort of a commercial neck of the woods anyway, so I think it'll fit right in. The alleged hardship is not self-created as they have had vandalism and things broken into, and they're trying to grow as a family business, which we are in support of. I would like to put the one condition that any towed vehicle that comes in that arrives after hours that you're not there to hide, shall we say, put into one of your garages that we would like to give you the opportunity. We want you to get it in within 48 hours.

1:24:12Speaker 6

Not a problem.

1:24:15Speaker 9

I second. I vote to approve. Approve.

1:24:23Speaker 6

Thank you for your time. I appreciate it. Thank you.

1:24:31Speaker 10

I'd like to make a motion to close the meeting.

1:24:34Speaker 4

I second that motion.

1:24:36Speaker 10

I vote to approve.

1:24:41Speaker 5

Yes. Hey, guys. Hey, guys.

1:24:46Speaker 11

Guys. No, he's just talking.

1:25:14Speaker 6

Okay. Will do. Thank you. Thank you.

1:25:23Speaker 4

Good luck, guys.

1:25:27Speaker 11

Thank you, guys. Chris. The guy left.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.