Planning Board Agendas and Minutes

MINUTES OF THE MEETING OF THE COHOES PLANNING BOARD HELD AT 97 MOHAWK STREET 2ND FLOOR COMMON COUNCIL CHAMBERS NOVEMBER 8, 2021 at 6:30PM MEMBERS PRESENT: Mr. Jack Carroll, Vice Chair Mr. Bob Bucher Mr. Joe Nadeau Ms. Stephanie Couture ABSENT: Mr. Mark DeFruscio, Chairperson Ms. Kizzy Williams ALSO PRESENT: Joseph Seman-Graves, City Planner Sharon Butler, Administrative Assistant Vice Chair Carroll called the meeting to order at 6:30 pm and asked for roll call. Roll Call; Chairperson DeFruscio and Member Williams were absent CONSIDERATION OF MINUTES FROM THE OCTOBER 4, 2021 MEETING Vice Chair Carroll; next on our agenda is consideration of October 4th meeting minutes. Anybody have any changes to the minutes? Member Couture; I have one change on page 9 that I already discussed with Sharon it’s just a one word change Member Nadeau; I make a motion to accept the minutes; 2nd by Member Couture Motion carried unanimously YES NO Bob Bucher X Joseph Nadeau X Mark DeFruscio ABSENT Jack Carroll X Stephanie Couture X Kizzy Williams ABSENT CONSIDERATION OF CHANGE OF USE/NEW TENANT APPLICATION FOR 129 REMSEN STREET Vice Chair Carroll; 129 Remsen Street looking to have a make-up and massage therapy. 129 Remsen do we have somebody here representing, would you like to come up and tell us what you want to do? Ms. Rabinowitz; hello, I actually own Renewal Skin Studio in Latham and I’m hoping to make Cohoes a 2nd home for our 2nd location. We specialize in skin care, massage therapy, full body waxing so my goal is to open up December 1st. We will be, our hours of operation will be from Tuesday to Friday 10AM to 8PM, Saturday 10AM to 5PM and Sunday 10AM to 3PM. Vice Chair Carroll; does anyone have any questions from the board? Joe Seman-Graves; for the board, beauty shops are allowed in the MU-DC zoning district and parking requirements they’re roughly 161 feet from a municipal lot Vice Chair Carroll; so that’s ok then? Joe Seman-Graves; yes Member Bucher; so I see 2 treatment rooms, how many clients at a time will you see? Ms. Rabinowitz; so our services are individual, so one person at a time. So right now the way that 129 is, it was a former dentist office so there was a room for storage and we would like to take that wall down and turn it into one bigger room and there was a reception area/nurses station I guess, we’re turning that into a massage therapy room so we will have 4 treatment rooms total and the back will be a break room and an office for myself, so 4 people at a time maximum capacity. Right now we’re good per NYS to be at maximum capacity, if that changes with Covid for some reason, last year we had to stagger our appointments because of it Vice Chair Carroll; that will be 8 people occupying 4 clients, 4 technicians, I don’t know what the proper term is Ms. Rabinowitz; yes 8 people –massage therapist Member Bucher; you have 2 treatment rooms shown on this plan Ms. Rabinowitz; its 2 treatment rooms now, we just applied for the building permit today so we’d like to add 2 more treatment rooms. The way they were they couldn’t be used for treatment rooms so we want to put one wall up to create one massage treatment room and another wall to come down to create the last room, so that would be a total of 4 rooms Joe Seman-Graves; in your packet there should be the existing and the new plan Member Bucher; ok, so this building permit was issued on the 2 treatment room option? Ms. Rabinowitz; yes Vice Chair Carroll; are there any other concerns that we have or be made aware of? Joe Seman-Graves; not that I’m aware of Vice Chair Carroll; alright, anyone in the public have any questions, concerns? There appears to be no response, or considerations from the public Member Nadeau; I make a motion to approve the application as submitted Member Couture; 2nd Motion carried unanimously YES NO Bob Bucher X Joseph Nadeau X Mark DeFruscio ABSENT Jack Carroll X Stephanie Couture X Kizzy Williams ABSENT CONSIDERATION OF A SUBDIVISION AT 63 ARLINGTON ROAD Vice Chair Carroll; next order of business on the agenda is 63 Arlington Road, do we have somebody here? Come on up tell us what you want to do Ms. Sophie Rowe representing Catherine Janiszak; I represent Catherine Janiszak the owner and Michael Janiszak who is the deceased owner. And Michael passed away and it was his wish to divide this lot and give me half. Because I’m his niece and I took him to chemotherapy and drove him everywhere. And he wants to give the other half to his brother Walter Janiszak and Catherine signed the specific power of attorney because she couldn’t climb up those stairs, but she would like to divide that lot. It’s 200 feet by 170 and we want to divide it into 2 lots 100 by 170 apiece and it’s on Grandview Avenue on one side and Western Avenue on the other side and Arlington Avenue on the other side. Arlington Avenue is a dirt road there’s not much there Vice Chair Carroll; it’s a paper street Member Nadeau; it is a paper street Ms. Rowe; yes it’s a paper street. So we’re asking for permission to have that lot subdivided, they bought it in 1981 and they wanted to build for themselves but it never happened so they want to share it with the family. Vice Chair Carroll; alright, Joe is there anything we should be concerned about or made aware of? Joe Seman-Graves; the lot sizes that are being proposed all conform to every possible use in the district so regardless of what they want to do in the future, the lot sizes would be appropriate. You want to keep in mind, I don’t think it will be an issue, the subdivision is right now the water and sewer are both located on the corner of Grandview and Western so there will have to be some work to eventually bring it over to the lot that is furthest from Grandview, not impossible but something to consider for you guys going forward Ms. Rowe; so what was that statement? Joe Seman-Graves; so you’re sewer hookup is right there (pointed out on the screen), you’ll have to carry it over a little bit of distance. You’re good with water because that runs along Western but you’ll see it stops right here (pointed on screen). It’s just another thing to consider, but not something that will prevent the subdivision Ms. Rowe; ok, more expense Vice Chair Carroll; it’s such a nice area Ms. Rowe; is it? I took photos for Joe, oh there they are (on screen) Member Nadeau; I live about 200 feet from there, beautiful area. One of the most beautiful lots remaining in the area it’ll be nice to see that developed Ms. Rowe; we hope to put something on it Vice Chair Carroll; you know when you decide what you want to put on it, you’ll be coming back to the planning board Ms. Rowe; yes of course Joe Seman-Graves; it depends on the use. So a single family they won’t have to come back Vice Chair Carroll; ok Ms. Rowe; are there any limitations? As long as it’s a single family right? I think it has to be what 25 feet from the border right? Joe Seman-Graves; so the setbacks are different on the front, sides and rear Ms. Rowe; yeah but in between the houses. It probably won’t be an issue but what are the guidelines? Joe Seman-Graves; we can go over that another time. But that going to be not something for the planning board being a single family but the building plans will still come to me, but it’s best to do it before hand before hiring someone to do building plans, to go over the do’s and don’ts. Vice Chair Carroll; alright does anybody from the public have anything they’d like to add or any concerns? Hearing none do I have a motion to approve? Member Nadeau; I’ll make that motion Member Bucher; I’ll 2nd motion carried unanimously YES NO Bob Bucher X Joseph Nadeau X Mark DeFruscio ABSENT Jack Carroll X Stephanie Couture X Kizzy Williams ABSENT Joe Seman-Graves; and the thing we discussed, you’re next step is going to be to get this officially signed by myself, stamped and get it down to the county so they can file it. With the lot line, you’re not going to see it on the current tax roll coming up because it will go in effect the next roll. Ms. Rowe; so I’ll discuss this with you tomorrow. My husband wants me to bring to your attention the surveyor’s error. I hired Hershberg and Hershberg and they made the maps for Catherine Janiszak and Michael Janiszak, but they spelled Janiszak incorrectly. I gave them the deed to the property is…… Joe Seman-Graves; so right now this is a paper land, you’re going to want to correct that before filing with the county. Ms. Rowe; it’s just temporary because we still have to go to the attorney and sign things Joe Seman-Graves; hopefully a good attorney will catch that. CONSIDERATION OF A CHANGE OF USE/NEW TENANT APPLICATION FOR 25 WHITE STREET Vice Chair Carroll; ok, next order of business is 25 White Street wants to open Soul in a Bowl. Come on up Ms. Ford; I’m looking to open up a Soul food restaurant. Hours of operation for right now, I just want to see how business goes, Thursday, Friday and Saturday. If things go well, I want to expand more days, but 11AM to 8:30PM Vice Chair Carroll; as you build the business. This is the former Black Cat right? Member Nadeau; Spades, it was Spades for about a month Vice Chair Carroll; ok, anything we should know Joe? Joe Seman-Graves; restaurants are allowed, you said you won’t be doing any alcohol Ms. Ford; just restaurant take out Joe Seman-Graves; plenty of outdoor seating. The only thing I wanted to talk to you about is we have an approved building plan for next door, for a hotel phase 2, so where you see a parking lot right now will be a hopefully within a year, and I say hopefully, not for the parking sake but it’s their project Ms. Ford; I wasn’t going to park there anyway Vice Chair Carroll; on the bright side, they’re going to build an apartment house right next to your restaurant Ms. Ford; yeah, I think that’s good Joe Seman-Graves; she is still 350 feet from a lot so within the 500 feet range so parking is not a concern there, so all the improvements are going to be minor improvements on the inside that will all go through code, there’s no walls coming down so, restaurants are allowed, parking is ok Member Bucher; it looks like you’re sign is in here, the sign you are proposing Ms. Ford; yes Member Bucher; and you said no alcohol no beer or wine? Ms. Ford; no, just food Joe Seman-Graves; the sign still has to go through the Historic board next week Member Couture; so the memo that we received said that it will be initially take out, is that being determined on how business goes whether or not there will be indoor seating? Ms. Ford; well yes, I feel with Covid I think it’s safe to keep it like that for a while and again we’ll see how business goes, but I have no interest in dine-in right now. Member Couture; ok Vice Chair Carroll; see how business goes. Do we have from the public anybody from the public that would like to make a comment? Hearing none do we have a motion? Member Couture; I’ll make a motion that we approve it as submitted Vice Chair Carroll; do I hear a 2nd? Member Bucher; I’ll 2nd Motion carried unanimously YES NO Bob Bucher X Joseph Nadeau X Mark DeFruscio ABSENT Jack Carroll X Stephanie Couture X Kizzy Williams ABSENT CONSIDERATION OF A CHANGE OF USE/NEW TENANT APPLICATION FOR 192 REMSEN STREET Vice Chair Carroll; ok, moving on, 192 Remsen Street who do we have? Come on up introduce yourself and let us know what you want to do Hi I’m Talia Lamiano; my store is going to be Aria’s Apothecary. We are looking to open potentially just Wednesday through Sunday through the holidays. We’re going specialize in homemade candles for the store and we are going to have a couple of other companies that will sell their products as well. We’re going to have men’s grooming products, women’s facial products, and home décor things like that. Vice Chair Carroll; ok Joe do we have any concerns that we should be aware of? Joe Seman-Graves; I sound like a broken record with businesses today, but retail replacing former retail, Member Bucher; no changes? Joe Seman-Graves; no, and 75 feet from municipal lot Vice Chair Carroll; ok anyone from the public have any concerns, considerations? Hearing none do I have a motion to accept? Member Nadeau; I’ll make that motion Member Couture; I’ll 2nd motion carried unanimously YES NO Bob Bucher X Joseph Nadeau X Mark DeFruscio ABSENT Jack Carroll X  Stephanie Couture X Kizzy Williams ABSENT Joe Seman-Graves; Talia do you, you didn’t need any building permits we decided because you are pretty much just moving in. And then signage Ms. Lamiano; decals on the windows and we submitted the rest Joe Seman-Graves; ok we’ll see you next week CONSIDERATION OF A SPECIAL USE PERMIT FOR 33 MANN AVENUE Vice Chair Carroll; 33 Mann Avenue what do we have? David Livarchuk; so we were asked for a more comprehensive idea on what the exterior was going to look like. I hope this will suffice, because we literally called around, the builder we’re using apparently they don’t have anyone anymore because that person quit and this is essentially what we came up with, what the exterior is going to look like. The landscaping is not going to be this 100%, honestly I did this myself, and the driveways are going to be a little less….. Vice Chair Carroll; it looks like barricade right now but we understand Mr. Livarchuk; this is not bad for a roofer, so… Vice Chair Carroll; ok, my understanding is we wanted to see the façade and what the detail of the exterior would look like Member Bucher; definitely an improvement Mr. Livarchuk; and then I know for the railing I couldn’t find it, that’s what we’re going to be using, I just couldn’t find it Vice Chair Carroll; for the front? Mr. Livarchuk; yes for the front Vice Chair Carroll; for the railings in the front, that is a very popular style Mr. Livarchuk; I think the next one is the landscaping, that was my wife, that wasn’t me but it is labeled Vice Chair Carroll; and 2 cars on each side, in each driveway? Mr. Livarchuk; yes, and we already groomed the sidewalk on the entire length of the property. I believe that is mentioned in there, but we are redoing the whole sidewalk, there’s going to be a new sidewalk Joe Seman-Graves; it’s on your site plan that you guys have Vice Chair Carroll; and basically it’s going to be similar to the house placed next door? Mr. Livarchuk; yea because we wanted to make it more in line to that. And the good thing is that it is a modular so their already in the process of building it so it’s going to be quick as far as construction time Vice Chair Carroll; is this going to have a full basement? Mr. Livarchuk; yes a full basement Vice Chair Carroll; Joe, coming back at you, any concerns on your part? Joe Seman-Graves; I think the board at the last meeting asked for updated elevation, porch details, railing stair details, landscaping schedule, an updated site plan reflecting sidewalks. I know that you guys had some issues but it’s been an uphill battle trying to find an architect to build off the existing plans to build it, so I think the applicant has taken upon himself to do a lot of this work, but if the board approves it, this will have to be what is produced, that is just something to keep in mind that they agree to that and they understand that Vice Chair Carroll; you understand that right Mr. Livarchuk? Mr. Livarchuk; yes absolutely Joe Seman-Graves; so I think this is what you guys asked for the list of things, they provided the updated site plan showing new sidewalks, alleviated some concerns from the last meeting beyond that we’re in the same position as we were last month, no concerns other than that the project has changed and the board has to approve the new project with a special use permit and if approved they can begin getting their plans in place Mr. Livarchuk; well the foundation should be within 10 days Member Nadeau; you submitted your building permit already? Mr. Livarchuk; I believe that was Joe Seman-Graves; I’ll have to check that Mr. Livarchuk; ok Member Nadeau; you would receive something back saying it was approved Mr. Livarchuk; I’m not 100% sure, we were waiting on this to get it approved Joe Seman-Graves; I believe there was a foundation submitted, I don’t know that it was the whole building plan Mr. Livarchuk; ok Vice Chair Carroll; so administratively everything is where it’s should be? Joe Seman-Graves; yes, at this point the board has to…. Vice Chair Carroll; this is the final. Alright, concerns from the public, considerations anybody want to say anything add anything? Sean O’Brien; I live right across the street from the lot. Same concerns that I had from the previous 3 times that I have come to the meetings, you can refer to those meeting minutes or I can express them verbally if you’d like. Vice Chair Carroll; well if there on the record then there already there, but if you want to say them again feel free Mr. O’Brien; the other concern comes up with that I asked the city about is with regards to this lot and these 2 lots that have been allowed to put 2 duplexes on by permit within the city, there used to be about 20 tons of snow every season that got pushed onto these lots, now the only available open space on this property or on the street is my street and I already have foundation issues that I have to fix every year, what is the City’s intention on making sure that my foundation isn’t ruined by excess snow being put on my property? Joe Seman-Graves; I can put you in contact with Department of Public works or the Commissioner of Public Works, but I don’t have anything to do with plowing and I don’t want to answer for them Mr. O’Brien; that means it will be going to Veterans park which then I would ask the 2 neighbors that sit on that entry way what occurs there. Secondly, just this month, well just this afternoon when I got home a car which zoomed around the corner, cut through Cherry Street hit another car and then did a hit and run. Are you planning on putting a 4 way stop at the Cherry Street intersection now that were going to have 8 cars coming out of those parking spots? Now were going to have 8 cars lined up four double coming right there at that intersection, is there any intention on putting a 4 way stop so my child doesn’t get run over by a car Vice Chair Carroll; that would be a 3 way stop technically Mr. O’Brien; or a 3 way stop or a 4 way stop because they can back out of that parking lot Joe Seman-Graves; I can send you to traffic commission Mr. O’Brien; so we have the same concerns I had and now more so that we have at the other duplex we have large long lengths there and these 2 that intend duplicate that it’s going to happen. Now the permit isn’t going to allow, isn’t going to extend, so they lost approximately 200 square feet on the size of the house being that the manufacturer won’t be putting on there, off both of those sides, so that’s 400 square feet, and they intend on living in this place. Do you not think it would have been forthright for them to come to the first meeting, I am fully in doubt that they intend on living in this place. Vice Chair Carroll; everything we’ve got ….. Mr. O’Brien; I fully expect that the way that they have treated this property in the last 3 years, that I have lived on Cherry Street, right across from it, it became junk, it became mosquitoes nest, where it became a, just an eye sore to the entire neighborhood, that this won’t become a slum lord rental. After 3 people who have had no say in what happened with this lot turning it from a single lot to a double lot which turned into 2 duplexes which turns into 8 cars over the last 3 years. Now none of those approvals were accepted by me because I moved in later, Isabel who moved in across the street, moved in later, Chris who moved in across the street moved in later after these permits were given, but this property was treated like utter and complete pile of garbage over the last 3 years. It was a mosquito’s nest, one of my pets got (inaudible) that it was treated for because it became a raccoon’s nest, is that the thing that is going to happen with this property, they’ve owned it for that long, why wasn’t it mowed, why wasn’t it plowed, why wasn’t the street taken care of, why was it when our neighbors made any of the complaints none of those complaints got adhered to? If they intend on living there why didn’t they treat the property like they intended on living there? What’s the consequences when this place gets built, because it’s their property they own it, but when they don’t live there what’s the consequence? Vice Chair Carroll; I don’t believe there is a legal consequence. It’s their property to do with as their will Mr. O’Brien; but they openly in the minutes at the last meeting they said it’s going to be owner occupied, they said that. So what are we going to do what’s this council going to do when they don’t? Vice Chair Carroll; what we’re going to do is take it that he’s going to be, it’s going to go through as owner occupied Mr. O’Brien; so you’re going on faith and when faith doesn’t happen so how about not turn it into a duplex, not turn it into a slumlord, not issue the special use permit and turn it into what it was it was meant to be, not cram a duplex on a zoned for a single family, you have to get a special permit to even put in a single family because it’s so tiny. Am I right Joe, its 150 square feet tinier than what’s allow for a single family zoning. Joe Seman-Graves; the zoning, so you have to get an area variance for the overall lot size regardless of the use at this point, however the special use permit… Mr. O’Brien; so you need a special use permit even for a single family house and they want two and I think that’s wrong, you’re increasing the amount of duplexes and renters in the neighborhood, which three people bought houses and are actively putting lots of money into their homes, fixing them up and considering 2nd story to get more square footage for their family there, and you’re going to put a property home that they have not taken care of since I’ve been there, they finally mowed it after last weekend. It’s wrong it should be what is zoned for, and it’s not even zoned for a single family they should be asking for a special permit to put a single family on there and it should be owner occupied and then when the lovely couple here wants to come over and have dinner with me and my wife and my child we will openly invite them and we will be neighborly. But right now that’s not the intent, that’s not how they treat the property, period. And that’s my concerns. My concerns are in the previous minutes now Chris would like to speak. Vice Chair Carroll; just give us your name again Chris Buchanan; I live on the corner of the property and I mean it’s frustrating, I bought the house in June of 2019 I’m fixing up the house and I’m spending my time and money on it and to see again we’re taking a very small lot making many things like I said, snow, traffic, digging up for the next 8 months connecting to the sewer line if they have to do that type of thing, because it took at least 8 months to a year to get the last place that they dug it up, you aren’t going to have to deal with that for the next 8 months, most likely I doubt that it will be dug up for a foundation and all that, I don’t think you’ll be paving in the winter time, I don’t know how you guys do that, but I’m going to be living with that, and again rocks are going to be kicking up on all the neighbors cars that their problem I guess, but I mean these certain issues affect us more than you guys, I mean I see some people walking the neighborhood some days but who does it really affect—the neighbors not necessarily those that don’t live there. I mean other than parking, snow removal and then the house size I think is a disservice to the neighbors that live there and I talked to Ann one of the neighbors and the other 2 families that live there but they’re not happy about it either. You’re taking a very small property and jamming a small house that going to be a 2 family and yes it’s going to have 2 cars and we haven’t even had the new duplex people move in and there are cars that park in those spots currently exist for that property now occasionally so it’s just going to add problems. And same frustration what guarantee do we have that it is owner occupied because words these days and politics mean very little. Vice Chair Carroll; anyone else? Hearing none, what is the will of the board do I hear a motion one way or the other? Member Nadeau; I’ll make that motion Vice Chair Carroll; do I have a 2nd? Joe Seman-Graves; what is the motion? Member Nadeau; to approve Vice Chair Carroll; do we have a 2nd? I don’t hear a 2nd, so what do we do now Joe? It doesn’t pass. We have a motion to approve but we don’t have a 2nd. Member Bucher; I make a motion that we deny it, the application Vice Chair Carroll; on grounds? Member Bucher; on the grounds that I believe the density of the lot, listening to the neighbors’ concerns, their concerned about, even though these applications there are certain things under the preview of the planning board; snow removal, stop signs, traffic things are not part of the administration of the planning board, however the density of the lot is a concern of mine. Sharon; is there a 2nd to deny the motion? Vice Chair Carroll; hearing no 2nd to approve or deny, where are we at now? Joe Seman-Graves; well, usually it’s one way or the other I would say you’re going to need a 2nd to take a vote. So if there’s no vote then no vote can be taken Vice Chair Carroll; do I have the right to 2nd one or the other? Joe Seman-Graves; absolutely Vice Chair Carroll; ok I 2nd for approval and my feelings on that is the house that they just built fits quite nicely although the construction concerns are legitimate but they too shall pass. He owns the property, he‘s gone through the entire process, he’s been compliant. I appreciate your concerns because they just built a house across the street from me and I was very concerned but it turned out it was alright. So with the 2nd can we have a roll call vote? Member Couture; I’m very much on the fence with this project, and I can see both sides. I can see the density concerns and I hear the neighbors’ concerns as well. I do have a question, if we were to deny where would that leave the applicant? Are they allowed to put a single family there? Joe Seman-Graves; technically they don’t have to come to the board for a single family house. If the dimensions have changed at all that would affect their zoning approvals. Technically there would be a possibility for single family house there. Member Nadeau; I have a question, if we just approved the lot next door within the last year or 2 to proceed for the very same thing as this gentleman is trying to do, how does it look for this board not to approve something apples to apples? I think….. Vice Chair Carroll; the precedent was set, the precedent was set with the approval of the last one. Member Couture; so I’ll make a decision. I would like to suggest the owners take into much consideration the concerns of the neighbors, it is a small neighborhood, a small street, so obviously it would be in everyone’s best interest for you to take those considerations, hopefully Joe can provide information that is necessary on the traffic concerns, snow removal, things of that nature just to make sure that everyone can live happily in that neighborhood. I think they did do a nice job with the property over the existing, so I move forward with a yes. YES NO Bob Bucher X Joseph Nadeau X Mark DeFruscio ABSENT Jack Carroll X Stephanie Couture X Kizzy Williams ABSENT Vice Chair Carroll; ok you’re good to go Mr. Livarchuk; I appreciate it Vice Chair Carroll; ok do we have any more business at hand? Joe Seman-Graves; just reminder we have a December 7th meeting, if everyone could make themselves available for that for training-virtual. And then a friendly reminder the 4 hours needed by the end of the year. A lot of you guys sent stuff in but just reach out if you don’t have the hours in Vice Chair Carroll; we’re not in COVID anymore, we got to meet our requirements. Mr. O’Brien; may I address the council one more time? Vice Chair Carroll; yes feel free Mr. O’Brien; I just want to address the board member about the precedent set. When those precedent we’re set and the board allowed a 2 family to be put there, since then 3 families have moved in. Three families that are actually young families have moved in. That precedent no longer stands with the neighborhood, no longer does it have the makeup that it did when that was set. So that precedent being adjourned to in this meeting is very, very disheartening. The neighborhood has changed, it changed with me moving in, it changed with Chris moving in, it changed with Isabel moving in and it changed with Ann fixing up her front to move her twin boys in that just moved here from Maryland. The neighborhood has changed, that precedent is no longer the same and it’s very disheartening that you felt that about that precedent. Member Nadeau; if he wanted to take legal action against this board for rejecting his proposal when the people next door, this same board approved that, we have to look at things globally, not just what’s good for you or for the guy next door. We have certain responsibilities to everyone that was my consideration. Mr. O’Brien; and we rejected the last motion to review the setbacks, based off the fact that it wasn’t the same as the other approval. The adhered to the proper setbacks, so they could put that up. This lot is smaller and then you denied their last special permit, you guys denied the last special permit because they had to adhere to the same setbacks as the other but they shortened and reduced their house size by 500 square feet and they intend on living there. Their house in Saratoga is not that size. Member Nadeau; how many square feet do they have, instead of what they don’t have? Mr. O’Brien; 900 square feet on each side. Mr. Buchanan; you said earlier, I think Joe said it needs a variance just to put a single family house on, but you’re telling me that couple is really going to live in that house? You really telling me they’re going to be living in that house? Vice Chair Carroll; I can’t tell you they’re not Mr. Buchanan; I’m not saying that either, everybody can say owner-occupied, but what I’m saying is-you really think they’re going to be living in that house, it’s a question you have to ask yourself. Vice Chair Carroll; there no evidence that their not. I appreciate your concerns but there really is no evidence that says that they’re not going to live there Ms. O’Brien; they live in Saratoga and have a Saratoga business, the way they treated this property the last 5 years is, the neighborhood calls it the forever wild property, they never take care of it. They don’t mow it for entire summers, it’s bad. Vice Chair Carroll; I’ve walked past there, I hear you Ms. O’Brien; I’m concerned about who they’re going to allow to live there. Mr. O’Brien; I understand there is no recourse, I can ask Joe about that later, but I think the board would do its due diligence to observe how this property is performed and the actions that they take upon when they start building. What happened to the old building that was there? It’s still there, it’s underground so, it was an old building and I want to make sure that my daughter is safe when they dig it up Vice Chair Carroll; thank you for coming, do we want to make a motion to adjourn the meeting at 7:15? Member Couture; I make the motion 2nd by Member Bucher meeting closed at 7:15PM