Hoosick ZBA Approves Business With Conditions

by Gary Danforth
The Town of Hoosick Zoning Board of Appeals meeting took place this past Monday evening, March 1, in the Hoosick Falls Armory with Chairman Jim Hoag calling the meeting to order at 7 pm. After the Pledge of Allegiance, Hoag opened a public hearing on the Haskins Fuel Service business wanting to change the use of its property on Route 22 in North Hoosick from residential use to use as a business office. Adjoining neighbors to the property had been contacted by the Board and asked to air any concerns regarding this issue.
Vicki Haskins explained to those present that the business’s main office was in Dorset, VT, with another office presently in Cambridge, NY. Fuel trucks and storage capacities were in those locations with the Haskinses only wanting to operate an office out of the North Hoosick location. She assured those present that there would be no fuel stored at the Hoosick location. The business has been in operation since 1946.
Hoag explained to the audience that the Zoning Board of Appeals (ZBA) had been formed by the Town of Hoosick Board as a means to address zoning/land use issues within the township as they arose on a case by case basis. Wally Sheffer, also a member of the ZBA, said this process was new for all as this was only one of a handful of meetings, to date, which the ZBA had held. Abutting neighbors, this reporter, Elwood and Jeff Bentley and Dennis Whalen, all expressed concern whether fuel products would be stored on the premises and whether a leak could foul well waters and creek waters behind the properties of all said parties. Kendal Baker, a broker who was involved in the sale and purchase of the property from Burns to Haskins, said he had received verbal confirmation from other abutting neighbors, Mike Brewster and Josh Case, that they had no concerns regarding this project going forward. After Vicki Haskins again stated to abutting neighbors that no fuel would be stored on premises, they were reassured that this project was not a threat to their lands or the future value of those lands, which was also a concern expressed at this meeting.
Hoag then closed the public hearing portion of the meeting and opened the ZBA regular meeting, informing those present that they might wish to remain in attendance while the ZBA further discussed this issue.
The minutes of the January 4 and February 1, meetings were approved with corrections noted. Hoag explained that a full application package regarding the Haskins issue had been sent to the Town of Hoosick Planning Board and the Rensselaer County Planning Board. An advisory response received by the ZBA from the Town Planning Board stated that this project was taking place within a rural residential zone and not within a commercial zone. Hoag said the Planning Board opinion was not binding to the ZBA, which does not require Planning Board approval for this project. Hoag further stated that a “super majority” vote by the ZBA on any project could also override any County Planning Board or Town Planning Board objections as this was the way the law was presently written. ZBA attorney Mark McQuery was in attendance.
Next, the ZBA went over a short form environmental assessment form (EAF), passing a motion for a negative declaration, meaning there would be no adverse environmental effects of this project to the surrounding environment.
More discussion followed with ZBA members taking into account what the adjoining neighbors had to say. The old driveway on the property, much closer to a turn in Route 22 south of the property, would be eliminated for the safety of all traffic in the area. A new driveway had already been put into effect by Haskins. No storage of fuel oil or propane gas would be allowed on premises with delivery trucks only allowed on premises to pick up delivery slips to customers. Storage on premises for fuel would be limited to what is needed to supply the office itself for heat. The hours of operation of the office would be limited to 8 am to 5 pm. Only a 4 foot by 8 foot sign would be allowed, with no daily business pricing allowed on the sign as that would be considered advertisement for a business. The ZBA felt strongly that the premises “should look residential” as that is why they were considering allowing the special permit use in a residential zone. Three storage containers, containing Haskins’ effects from a prior business venture, would need to be removed from the premises within one year with the Town Building Inspector checking on it. There was more discussion about allowing daily pricing on an existing sign, and the ZBA said this could not appear as it would make the premises look like a retail outlet rather than an office, which is the way the ZBA was considering the use of this once residential property.
After more than an hour of discussion on this issue, the ZBA voted 3-1 to allow this special permit for an office in a residential zone. It should be noted that the ZBA meets, when necessary, the first Monday of the month, the Town of Hoosick Board meets the second Monday of the month and the Planning Board meets the third Monday of the month.
The busy, thought provoking, meeting ended at 8:05 pm.