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Planning Board Agendas and Minutes

Regular Meeting

Cohoes, NY · June 10, 2024

AgendaMinutes

Minutes

MINUTES OF THE MEETING OF THE COHOES PLANNING BOARD HELD AT 97 MOHAWK STREET COMMON COUNCIL CHAMBERS JUNE 10, 2024 at 6:30PM MEMBERS PRESENT: Mr. Jack Carroll Mr. Joseph Moloughney Mr. Joe McCormick Mr. Tony D’Angelico ABSENT: Mr. Joseph Nadeau ALSO PRESENT: Sharon Butler, Commissioner of Building & Planning Chair Carroll called the Planning Board meeting of June 10, 2024 to order at 6:30 pm and asked for roll call. Roll Call; Member Nadeau was absent CONSIDERATION OF MINUTES FROM THE MAY 13, 2024 MEETING Chair Carroll; first order of business is the approval of the May 13, 2024 minutes any questions, comments or amendments. Motion was made by Member D’Angelico to approve the minutes 2nd by Member McCormick - Motion Carried unanimously. YES NO Chairperson Carroll X Vice Chair Moloughney ABSAIN Member Nadeau ABSENT Member McCormick X Member D’Angelico X CONSIDERATION OF A CHANGE OF USE APPLICATION FOR 237 REMSEN STREET Chair Carroll; 237 Remsen Street who do we have? Ms. Debra Williams; we would like to add boarding to our business. Chair Carroll; now, how many cats do you plan on boarding? Ms. Williams; no more than 4, we will have only 2 suites. One suite can hold one family of cats so if they have 2 or 3 cats and they are in the same family and it can hold it, if they are not of the same family then there will only be one cat in there. Chair Carroll; so if they are not of the same family you could conceivably have up to 12 cats? Ms. Williams; Oh no!! Chair Carroll; well you said you could have 4. Ms. Williams; maybe 3 comfortably. Chair Carroll; when you said you could have 3 or 4 in the same. Ms. Williams; our suites are, do you have a picture of them? She handed a picture of the actual suite that she ordered for the board members to see. They are 6 feet tall and I have pictures of what they will actually look like. They are 6 feet tall and 4 feet by 4 feet. Vice Chair Moloughney; in terms of additional customer traffic and parking Ms. Williams; it is not going to be any different than it is right now. They are leaving and going away so they won’t be parking long term. Sharon; they are within municipal parking also. Chair Carroll; this will just be in and out parking there won’t be any long term, just drop the cat off and then pick it up. Ms. Williams; right, that is how our grooming is too. They drop the cat off and come back to pick the cat up again. Chair Carroll; you have the spa, so this is just special use for the boarding. Ms. Williams; yes there isn’t any construction they come all together. They will be delivered to our house and we will bring them over. Sharon; this is actually a change of use because the business plan changed from the original submission. Vice Chair Moloughney; ok. There were no public comments sent in or from the floor. Member D’Angelico I’ll make a motion to approve 2nd by Vice Chair Moloughney Motion carried unanimously. YES NO Chairperson Carroll X Vice Chair Moloughney X Member Nadeau ABSENT Member McCormick X Member D’Angelico X CONSIDERATION OF A SPECIAL USE PERMIT FOR 41 OLIVER STREET Chair Carroll; next 41 Oliver Street Mr. Wayne LaJeunesse; I am just trying to get a permit to put a garage up. Sharon; he already received zoning board approval for the variance. Because of the zoning district in order to construct an accessory structure he needs to obtain a special use permit. He had a small garage there that has been removed and now he wants to construct something new. Chair Carroll; is it the house with the cars in the lot next door? Mr. LaJeunesse; no Sharon; showed the board members on the map the outline of where the garage will go. Chair Carroll; gentlemen, any concerns about this Member D’Angelico; absolutely not Chair Carroll; Mr. Moloughney? Vice Chair Moloughney: no Chair Carroll; any public comments? Being none do I hear a motion? Motion to approve the application was made by Member McCormick 2nd by Member D’Angelico Motion carried unanimously. YES NO Chairperson Carroll X Vice Chair Moloughney X Member Nadeau ABSENT Member McCormick X Member D’Angelico X CONSIDERATION OF A SPECIAL USE PERMIT FOR 114 CENTRAL AVENUE Chair Carroll; next we have 114 Central Avenue—you want to do Airbnb business there Mr. Adam Dubec; yes, that is correct. Chair Carroll; tell us what you want to do. Mr. Dubec; I have a property at 114 Central Ave, it is a single family home and I have it on Airbnb. I have a couple of tenants coming in every so often I don’t take overnighters, I only take either 4 days or more. Currently I have 4 folks renting it out up until June 21st and I wish to continue keeping it as an Airbnb. My neighbors are all fine with it, I am in constant contact with them, they are fine with it as Sharon can tell you and I’d like to keep it as an Airbnb. Chair Carroll; how long have you had an Airbnb there? Mr. Dubec; 3 maybe 4 months. Member D’Angelico; you have a 4 night minimum? Mr. Dubec; 3 or 4 night minimum, I don’t do overnight it has to be at least 3 or 4 nights. Member D’Angelico; do you live there? Mr. Dubec; no, this is my home, I live down the street at a different address. Member McCormick; so who lives there? Mr. Dubec; nobody lives there. Chair Carroll; it’s just a small single family house. It’s a narrow street. Mr. Dubec; the whole street is narrow. Member D’Angelico; you aren’t renting bedrooms are you? Mr. Dubec; no, she told me she had a compliant that I was living there and I was renting out the bedrooms while I was living there that’s nonsense, I live down the street and currently I have 4 Mexicans living there that are redoing the Dick’s in Albany and they are from Maryland and just need a place to stay while they are working here. Somebody seen it and came up with this concoction that I was living there and renting out the bedrooms and that is just not true. Member McCormick; so what would be your plan if you don’t get approval for the Airbnb? Mr. Dubec; I thought I had approval for an Airbnb. Chair Carroll; that is not the case, this is the process for approval right here. I wasn’t aware that you were already in business doing it. Now who is this person, is it a neighbor that did the complaint? Mr. Dubec; I don’t know she wouldn’t tell me. Chair Carroll; she being? Mr. Dubec; Sharon. Chair Carroll; ok. Mr. Dubec; all my neighbors that are right next door are in approval with this, they have no problem with it. I’m sure she shared the emails with you, correct? Sharon; it would be part of public comments. Vice Chair Moloughney; they are in our packets. Member McCormick; we did see some of them. I think the general consensus is people prefer it as Airbnb than it being vacant. Mr. Dubec; that was one of the email consensus. Like I said it is a single-family home, I don’t live there but I do run it and I would like to keep it as an Airbnb, my neighbors are all ok with it I keep them in the loop of all the steps. Member D’Angelico; what is the benefit of Airbnb than renting long term? Mr. Dubec; I have more control over my property. These people are considered guests and not tenants. I also have more guarantee to get my money because Airbnb is backing it and I just have a lot more control over it. Member D’Angelico; if it’s rented? Mr. Dubec; yes, if its rented. I’m not seeing full profitability out of it if you put it that way. I don’t want it to be that way, I want to have control over it and I want it to be a solid staple there, I grew up there with my mom and I know all the neighbors there. And my biggest concern is keeping the integrity of that block secure that is what I am doing, if I were to put a tenant in there you all know how tenants are or can be so I have a lot more control with Airbnb, integrity of the block will be intact, and that how I would like to keep it. Chair Carroll; board members? Vice Chair Moloughney; I think we need to have a discussion among ourselves, I think I understand where you are coming from. Just so you are aware we have had similar requests previously nearby a couple of blocks away and we denied them. Chair Carroll; he was going for single night rentals. Vice Chair Moloughney; right, I guess as we are evaluating these, we are looking at is it one night only, versus more of a unit longer stay, those are the criteria we are balancing ourselves. Chair Carroll; others were renting rooms in the house instead of the whole house. Vice Chair Moloughney; right. Member McCormick; it would be good to have some consensus of how we are assessing them. Chair Carroll; well none are cookie cutter, we try to look at each individual request. Member McCormick; but we are setting a president for the neighborhood. Chair Carroll; that is correct. Member McCormick; that is something that (inaudible). Chair Carroll; and the next one could say without a good plan can say you gave it to this gentleman. And the other owners don’t live up the street. Mr. Dubec; I live within an 8 minute walk of the property. I maintain it meticulously it’s always in good shape. Vice Chair Moloughney; understood. These are not easy because as we are hearing tonight, people are already doing this and they are not aware of the City Code, how does it fit in and what are the criteria. Mr. Dubec; I thought I was in full compliance, and of course I want to be in compliance. Vice Chair Moloughney; we appreciate that. Member McCormick; you have tenants until the end of the month? Sharon; until the 21st of June. Chair Carroll; now if we turn this down no more tenants after the 21st or do they have to leave now? Sharon; it would be after the 21st because they have a contract until then. Chair Carroll; I’m concerned about your concern (Member Mc Cormick) if we approve this we set president. Vice Chair Moloughney; I felt that way about the first one that came across. I think the president should be clear on what you are using and that you are being objective, and you can look at them and, separate them as being distinctively different for different justifiable purposes. I think that is what we are wrestling with, we had this discussion are we setting president on that one or not and how do we go it’s an open case and, I think we all agree with the rental market and some of the neighborhoods and being able to control your tenants can be a good thing for the neighborhood versus getting stuck with people you can’t get rid of and the chronic problems that some of those places have, absentee landlords is another situation. Mr. Dubec; and there are plenty of those situations in the city, like I said it gives me a lot more control over my property. Vice Chair Moloughney; understood. Member McCormick; is there a way to table this until July so we can decide. Sharon; you can. Right now, I am looking at other communities to see what they are putting on the books for Airbnb’s because they are popping up all over the place. I have contacted 4 other communities, and they are all working on things, once they are done they will send it to me and I can go over it and then put something together from there and then we can put it in our Code. Vice Chair Moloughney; right, it goes in front of the Council and it would clarify it. Sharon; yes. Mr. Dubec; I live right down the street from the property, I don’t plan on selling it, even if I don’t gain any monetary benefit from it, I don’t want to sell it. Chair Carroll; can I make the suggestion to table this until …. Sharon; do you want to do public comment first because I know there is someone here to talk about it. Chair Carroll; public comments come up state your name and your comments. Mr. George Soloyna 3rd Ward Council Person; where this happening, this is the 3rd time this year since I’ve been council person since January. Despite Mr. Dubec having letters, I had 6 different residents call me about this matter and I talked to Sharon initially see if I could be involved. Unfortunately, because they don’t want any retaliation, you have answered some of the questions amongst yourselves because you did turn down the other ones that I came to the other 3 meetings and my question tonight was will it set a president and will we have to revisit those 3 same people that you already turned down earlier in the year. And some of the complaints, look nobody doesn’t want Mr. Dubec to be able to make money with the house for income they just wish it would be more of a long-term rental that people aren’t coming and going. Right now, as he said he’s got 4 people there 3 extra vehicles and as you all know that street already has a real bad parking problem, in fact at lot of times the city allows people to park half way on the sidewalk because it gets so congested. So with that, my biggest question tonight was because I came last time and you turned down the 3 that I came about before at different times and you mentioned it do we set a president and then do we have to revisit all those people because we don’t want the city looking like we’re biased with other people. The 6 residents that called me and asked me to come tonight are against it as far as short term rental and they would like it to be a normal 1 year or 2 year lease where you can collect your money like everybody does. During COVID there were problems getting people out but that was during COVID and that is over with. That is all I have to say, everybody that contacted me are opposed to it and that was 6 different residents not the same 6 people. Thank you Chair Carroll; you have the same concerns that we were voicing. Mr. Dubec; if I may say, the home does have it own private parking off the street I admit it is a little small it won’t fit a big vehicle but there is a small parking off the street, and currently I only have 2 trucks there not 3. Chair Carroll; from what I saw there’s a designated parking area that is very narrow, very small but it is a parking area. So given that Sharon has reached out to communities that are addressing this also, would this be a good time to suggest that we table it. Member McCormick; it is my opinion, but I think we should look at Code handling it that would be the ideal way to deal with it rather than dealing with individual request. Chair Carroll; and it is already in the process. Vice Chair Moloughney; we don’t know how long it will take to resolve that. This is the same zoning as the previous application right, multi-family there’s nothing different with that? Sharon; correct, special use permit requirement. Member D’Angelico; other than he isn’t renting rooms. Vice Chair Moloughney; right, which is more like boarding house type of arrangement. Also one thing that is helpful maybe is the opportunity to table and come back with some more information. With those we have floor plans from folks that showed how it was laid out this is just a family apartment. Sharon; single family house. Vice Chair Moloughney; single family house so it’s rented as one party or entity at a time. Mr. Dubec; it’s a 2 bedroom 2 bath house, rented one at a time maximum 4. Vice Chair Moloughney; so maximum 4 but they are all coming together, right? You don’t have 3 different people making a reservation to stay there. Mr. Dubec; not at the same time no. Vice Chair Moloughney; if I book it, I can book up to 4 people, but I can’t book it, then Jack book it and Joe book it, it would be 3 separate reservations, right? Sharon; the limit is 3 people with that, which is in the Code. Vice Chair Moloughney; I think clarifying again this is in terms of conditions too, if you are amendable to things like setting a minimum number of nights as a condition, you don’t do one night you said… Mr. Dubec; I turn down a lot of single nights, I prefer to keep it at 3 or 4 nights at a minimum. Like I said if people want to do a weekend thing, they can rent it out and go do their thing. Vice Chair Moloughney; one of the difficulties I see too is in making this conform to the existing codes balancing it, as Sharon said there’s a 3 person maximum under what we consider the bed and breakfast or Airbnb type of thing. The revised city code may look at a different number may come up with something different. So we are trying to make this fit maybe these are arguments to get better assessment. If we stall, we wait to get more information Sharon I guess what does it mean for codes, for C/O for inspecting the apartment, how does that, is he going to be given a cease and desist? Sharon; the thing is if I get things from the other communities, then I can work on that to see what would best fit for Cohoes I would also work with the Code guys to have them involved and they would come up with inspections they want to do, there could be a registration fee, and they may want to set up monthly inspections or quarterly inspections or something like that. Vice Chair Moloughney; do we have a deadline today that if we don’t approve this whatever current approvals from code are going to expire and they are not going to renew it and then it is out of service or is this, if we defer to a future meeting is he able to continue? Sharon; no because he doesn’t have his approvals so as of the 21st …. Member McCormick; so he can rent it the way it is Sharon; until the 21st because he has a contract, I don’t want him to breach a contract that he has. Member McCormick; so we would have to by the next meeting make a decision. Vice Chair Moloughney; so, we could potentially say come back at the July meeting and approve it based on the same criteria we are evaluating today or deny it at that point. Sharon; then I can work with the guys in code and see how they want to set up the inspections and he would be notified on when he would have to have inspections. Chair Carroll; and then come back here and request the same thing. Sharon; well if I don’t have anything by July then you would have to look at it like an Airbnb but if you want to set criteria of like a minimum nightly stays for people, you could set that criteria and then I can just work with the code guys on how they want to do the inspections. Vice Chair Moloughney; but what we won’t have resolved is, looking at neighboring communities, the city code itself isn’t going to change by next month. Sharon; right, it would go to the common council, then public hearing, it would be a 30 days public hearing period, then they would pass a resolution to add it to the code, I just went through that with 2 other things I had added to the code. Chair Carroll; so where does that leave us? Sharon; decide what you want to do. Vice Chair Moloughney; I might force the issue only so, the last time we voted…. I don’t want to do that. The motion would be to either vote or table it for another month and maybe that …. Chair Carroll; until more information can be obtained. Member McCormick; I make a motion to table it …. Chair Carroll; he can’t do anymore business after the 21st until the next meeting. Sharon; correct, so it would be 2 weeks that he wouldn’t be able to rent it because the next meeting is July 8th. Chair Carroll; that will give us a better sense of where. Member McCormick; I think we need more solid footing to make these decisions rather than just piece meal it will come back eventually. Sharon to Mr. Dubec; and you and I had the conversation that it makes elderly people nervous, people who have been in their homes a long time, it makes them nervous when people are in and out and in and out, I think that is a lot of hesitancy on folks part that live in the area, not just your area but any area they see people in and out and they don’t know who is there. Mr. Dubec; this is my 3rd tenant, the other 2 have stayed for over a month and like I said all my neighbors know about it and they are all ok with it, not just 3 of them all of them within a 2 house vicinity because I know them I grew up in the house, they are still the same people there. Sharon; apparently there are some people that it does make nervous because Mr. Soloyna brought it up that 6 people contacted him as the councilperson. Mr. Dubec; because I have Mexicans living there, with all due respect I have only had 2 tenants there and the tenants that have been there have been at the house a very minimum because they are off doing what they have to do. Current tenants are off working at Dicks and on the weekends, they actually go back to Maryland where they are from and then they come back and do that cycle again. The people that were there before, it was a fellow from California that was renting the place out for 3 months that was working for T-Mobile. Member McCormick; I don’t think it is bad that we are suggesting to table it rather than deny it. So, I think you are presenting a situation that we have seen previously. So previously it was 100% it can’t happen, but this is different, I think the issue that we have is we need to make sure we are setting clear president on what is acceptable and not acceptable, so I just don’t know …… Chair Carroll; it’s a big issue I have to say you are local, you own the house, you grew up in the house other people were more fly by night if you will. Member D’Angelico; asked about conditions being placed i.e. having a requirement that the owner live in the area etc. Sharon; I would have to refer to counsel about that. Member McCormick; I think if we approve it should be an approval with conditions until the update with code. Chair Carroll; or we table it until we get the questions we have now answered. Vice Chair Moloughney; and to Tony’s point there are legal guidance we should pursue from corporation counsel because if we base our decision on criteria that is illegal to base your decision on then all of them are subject to appeal. We have to make sure we’re, that we are sticking with justifiable stuff within planning, zoning, case law without upsetting the apple cart to make things worse. Member D’Angelico; it would make it easier to say yes if we had stipulations to be able to place. Vice Chair Moloughney; yes, even that if we want to approve with conditions what’s the legal box Sharon; correct you can do an approval with conditions but you want to make sure the conditions you are attaching are legal and bonified conditions. Chair Carroll; but we won’t know that until… Sharon; I can have a conversation with our legal counsel and then we can get together to go over this. Vice Chair Moloughney; I don’t think we want to deny this, we are trying to find a way that we can all come a (inaudible) Chair Carroll; because yours is a special request you are not like the others. Member D’Angelico; if we say yes to you were are going to have people come up to do the same thing, so we want to make sure we have all of our ducks in a row, so we are not just saying no like we did previously, but maybe we can take certain things into consideration then pass it. Sharon; so we have a motion and a 2nd to table the application Motion to TABLE the application passed unanimously. YES NO Chairperson Carroll X Vice Chair Moloughney X Member Nadeau ABSENT Member McCormick X Member D’Angelico X CONSIDERATION OF A SPECIAL USE PERMIT APPLICATION FOR 96 CONGRESS STREET Chairperson Carroll; 96 Congress Street who do we have here? Ms. Jennifer Buttofucco; I am the property manager for Latham Management. 96 Congress Street if you look at the history it was originally a 2 family. Chair Carroll; was a store at any point? Ms. Buttofucco; no, not to my knowledge Chair Carroll; just looking at it the flat front and then the upstairs. Ms. Buttofucco; it was purchased not too long ago by Fidaim Bilaj and upon entering the building there is a kitchen, a separate living space, bathroom, 2 bedrooms upstairs and we just want to convert it into a 2 family rather than it being coded for a 1 family. Sharon; you should have the plans for the first and second floor Chair Carroll; there is enough room for all of this. How big are the bedrooms? 10 x 9 Vice Chair Moloughney; they have to meet code Sharon; I think it’s 70 square feet for one person and then it goes up from there Chair Carroll; you have 90, it looks like 10.4 x 9.5 Ms. Buttofucco; I think it will still be coded for 1 person Sharon; code will make that determination when they do their inspections because they will measure the room and tell them how many people can occupy the dwelling. Chair Carroll; the bedroom on the 2nd floor is 10.4 x 9.5 according to this plan so that is 90 square feet. Member McCormick; so that meets it as long as it has smoke detectors Ms. Buttofucco; when we do the ROP code will make sure all of that is there. Chair Carroll; is it going to be complete renovation inside? Ms. Buttofucco; yes Chair Carroll; down to the studs? Ms. Buttofucco; yes, down to the studs. Chair Carroll; any exterior improvements in the plans? Ms. Buttofucco; eventually we will do siding and new windows Chair Carroll; you’re not going to put new windows on the renovations itself? Ms. Buttofucco; on the 2nd floor not the 1st floor yet. Sharon; what about parking, this is being changed from a one family to a 2 family, where it parking going to take place? Is it going to be all on street parking or is there some off street parking available? Ms. Buttofucco; street parking and behind the building Sharon; there is parking behind the building? Ms. Buttofucco; there is 2 spaces down the alleyway. The 2nd floor is primarily one bedroom with an office space that is the way we will advertise it. Member D’Angelico; did the number of bedrooms change? Sharon; I don’t know what it was before, I just have the plans for the proposed change, of what they are going to do now. There was a discussion regarding the number of bedrooms, people and parking. Sharon; it might be good to designate the parking in the back to one of the units like the first floor just to avoid all the on street parking issues. Ms. Buttofucco; ok Member D’Angelico; I will make a motion to accept Vice Chair Moloughney; I have a question, what is the discussion about parking? Are we, there is a small increase but is there off-street parking? Sharon; in the back of the building, I just said to her that they may want to designate that to maybe the first floor because that is 2 full bedrooms. Vice Chair Moloughney; and that so we are going to include that rear parking as 2 spaces, ok so you have a motion already? Chair Carroll; we are waiting for a 2nd; 2nd to the motion made by Vice Chair Moloughney motion carried unanimously. YES NO Chairperson Carroll X Vice Chair Moloughney X Member Nadeau ABSENT Member McCormick X Member D’Angelico X CONSIDERATION OF A SITE PLAN REVIEW APPLICATION FOR 105 HUDSON AVENUE Chair Carroll; 105 Hudson Avenue Ms. Buttofucco; convert it from a one family to a 2 family. Chair Carroll; parking, this place doesn’t have off street parking so you are talking 4 parking places being taken up on Hudson Avenue from this place. Ms. Buttofucco; I don’t know about 4 because of the size of the bedrooms, maybe 2. Chair Carroll; ok lets take a look. I see they are working on it already. Ms. Buttofucco; they are gutting it. Now there is parking in the back you get to it from the alley way to the back of the building. Sharon; for 105 Hudson there is also parking in the back? Ms. Buttofucco; yes. Sharon; and how many spots is that? Ms. Buttofucco; 2. Chair Carroll; are these going to be one bedroom and an office on the 2nd floor? Ms. Buttofucco; on the 2nd floor, yes. Chair Carroll; so basically they mirror each other. Are they both going to be one bedroom and an office? Ms. Buttofucco; one bedroom with den or office. Chair Carroll; so they are both going as one bedroom apartments? Ms. Buttofucco; yes. Sharon; is that for first floor and 2nd floor that they are going to be one bedroom? Ms. Buttofucco; yes both floor one bedroom and office or den. I do 12-month leases then renewal. With the materials and looks cosmetic (inaudible). Chair Carroll; do I hear a motion? Vice Chair Moloughney; can we clarify that these are one bedroom. Sharon; absolutely. Vice Chair Moloughney; I’ll move to approve 2nd by Member McCormick Motion carried unanimously. YES NO Chairperson Carroll X Vice Chair Moloughney X Member Nadeau ABSENT Member McCormick X Member D’Angelico X CONSIDERATION OF A SITE PLAN REVIEW APPLICATION FOR 239 REMSEN STREET Chair Carroll; 239 Remsen Street do we have anyone here for that? Sharon; Don is out of town. Mr. Russell is looking to expand where Spindles is to where he had the deli. The deli is closed and he is going to make that the dining/seating for Anthony’s. Anthony’s is going to be moving across the street where Spindles is currently—that will now be Anthony’s and he has a potential renter for where Anthony’s is now. He is just looking to move across the street. Chair Carroll; renter means a new restaurant? Sharon; I’m not sure who it is or what they are going to be doing with it, but I did tell Mr. Russell that the new tenant would need to come in and see me because they would have to go in front of planning. This is just a simple move across the street and he does have to get Historic approval because he is going to paint the one building and change the sign from Spindles to Anthony’s, so he is scheduled to go in front of the historic board on Tuesday. Member D’Angelico; those buildings connect? Chair Carroll; they are abutting so he would have to go through the wall from one to get to the other. Sharon; he would have to do detailed plans for code and the city engineer to review. Vice Chair Moloughney; so, it’s a change of use for… Sharon; it is a site plan review because he is changing the location of the restaurant Vice Chair Moloughney; and with the new building it is a change of use for that building. Is it the Miron building? Chair Carroll; it is where the deli was. Sharon; it is where the flooring place was, that was where the deli was. Vice Chair Moloughney; there is nothing for us to review at this point should we just table this or approve it? There is not site plan, no parking plan. Sharon; he will have to submit plans to get a building permit and they have to be reviewed by code and our engineer because he is doing building penetrations so that is something that Garry will be looking at. Vice Chair Moloughney; but the occupancy of the vacant building, the former deli changing the use to a restaurant, all of that is site plan review. Sharon; he did put a sketch in with his application. Member McCormick; I guess the question is, is it a like for like. Sharon; it was a deli before now it is going to be dining with tables and chairs, the kitchen is going to stay in Spindles the kitchen is not going to move. Vice Chair Moloughney; but then he is going to rent the building out. Sharon; the other building where Anthony’s is now, he is moving Anthony’s across the street. Chair Carroll; and when they decide what is going in there that will come before us? Sharon; right. Vice Chair Moloughney; I think it needs more than is here. Chair Carroll; someone to explain exactly what they are doing and a time frame. I’m not opposed to him moving across the street and doing this because it is better for the Spindles location. Vice Chair Moloughney; we just had Bye-I who moved to another building, and they went through the whole process why would we do anything different here? Member McCormick; I am on the same page, but I don’t know that this is really. Vice Chair Moloughney; I think the applicant should present the proposal. Chair Carroll; then maybe we should table it until we receive a detailed site plan and parking. Sharon so you want a more detailed site plan from him, details on parking and him to come in to present next month. Chair Carroll; do I hear a motion on that? Motion to table the application made by Vice Chair Moloughney 2nd by Member McCormick Motion carried unanimously. YES NO Chairperson Carroll X Vice Chair Moloughney X Member Nadeau ABSENT Member McCormick X Member D’Angelico X Sharon what do you want to see on the site plan? Vice Chair Moloughney; we want the applicant to come in and explain what they are doing and be able to answer questions. Chair Carroll; and have a finished floor plan on what they expect to look like when it is done, Vice Chair Moloughney; and the parking, because that will have an effect for Anthony’s across the street. Everything needs to be transparent right from the beginning. Is the capacity of the new building bigger than the existing building, so that will have an effect on parking. Chair Carroll; do I have a motion to adjourn? Motion to adjourn made by Vice Chair Moloughney 2nd by Member McCormick meeting adjourned at 7:38 PM. Submitted by: Sharon Butler Commissioner of Building & Planning

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