1 1 2 STATE OF NEW YORK : COUNTY OF ULSTER 3 TOWN OF MARLBOROUGH ZONING BOARD -------------------------------------------X 4 5 In the Matter of 6 NICHOLAS GALELLA 7 17 Sunrise Drive, Milton, New York 12547 8 -------------------------------------------X PUBLIC HEARING FOR A FRONT YARD AREA 9 VARIANCE REQUEST FOR INSTALLED GROUND MOUNT SOLAR PANELS 10 11 DATE: June 10, 2021 12 TIME: 7:00 P.M. 13 PLACE: Town of Marlborough Town Hall 14 #21 Milton Turnpike Milton, New York 12547 15 BOARD MEMBERS: WILLIAM GIAMETTA, CHAIRMAN 16 LENNY CONN JEFF MEKEEL, absent 17 DAVE ZAMBITO, absent GEORGE SALINOVICH 18 19 ALSO PRESENT: NICHOLAS GALELLA, Applicant 20 PENNY E. CASHMAN, Zoning Board Secretary 21 22 23 -------------------------------------------X 24 LISA MARIE ROSSO 140 Mahoney Road 25 Milton, New York 12547 (845) 674-3937 LISA MARIE ROSSO - (845) 674-3937 2 1 PUBLIC HEARING - GALELLA 2 CHAIRMAN GIAMETTA: Welcome to the 3 Town of Marlboro Zoning Board meeting 4 for tonight, June 10th, 2021. Please 5 join me in the pledge to the flag. 6 (Pledge of Allegiance) 7 CHAIRMAN GIAMETTA: Thank you very 8 much. We had a meeting back in May and 9 we had minutes associated with that 10 meeting, and us board members would 11 like to either approve, deny, or modify 12 those minutes. May I get a motion? 13 MR. SALINOVICH: I will make a 14 motion to approve the minutes. 15 CHAIRMAN GIAMETTA: A second? 16 MR. CONN: Yes. 17 CHAIRMAN GIAMETTA: All in favor? 18 MR. SALINOVICH: Aye. 19 MR. CONN: Aye. 20 CHAIRMAN GIAMETTA: Aye. The 21 minutes from the meeting of May 13th 22 are approved as per record. We have 23 two matters on the agenda this evening. 24 The first is Nicholas Galella, and I 25 recognize the applicant in the LISA MARIE ROSSO - (845) 674-3937 3 1 PUBLIC HEARING - GALELLA 2 audience. We will wait for Ms. Cashman 3 to rejoin us. Thank you, Ms. Cashman. 4 We will start with the reading of the 5 legal notice. Do we have the legal 6 notice, Ms. Cashman? 7 MS. CASHMAN: Yes. 8 CHAIRMAN GIAMETTA: Mr. 9 Salinovich, would you please read the 10 legal notice? 11 MR. SALINOVICH: Please take 12 notice that a public hearing will be 13 held by the Town of Marlborough Zoning 14 Board of Appeals at the Town Hall, #21 15 Milton Turnpike, Milton, New York on 16 June 10th, 2021 at 7:00 P.M. or soon 17 thereafter as may be heard. 18 Owner/applicant, Nicholas Galella, has 19 made a request for a front yard area 20 variance as referenced in the Town Code 21 155-16 (G)(3)(b), for the installation 22 of ground mount solar panels at the 23 property identified as #17 Sunrise 24 Drive, Milton, New York 12547. Tax 25 Parcel: Section 102.4. Block 2. Lot LISA MARIE ROSSO - (845) 674-3937 4 1 PUBLIC HEARING - GALELLA 2 32.813 (RAG) 1 Zone). Any interested 3 parties, either for or against this 4 application, will have the opportunity 5 to be heard at this time. William 6 Giametta, Chairman, Town of Marlboro 7 Zoning Board of Appeals. 8 CHAIRMAN GIAMETTA: Thank you, Mr. 9 Salinovich. Mr. Galella, would you 10 please summarize your efforts once 11 again for us loud and clear what you 12 wish to do. 13 MR. GALELLA: There were solar 14 panels installed on my property. 15 CHAIRMAN GIAMETTA: Loud and 16 clear, yeah. 17 MR. GALELLA: They extended beyond 18 the front of my home, and I'm looking 19 for a variance to keep them in the 20 position that they were. I had an 21 installer prepare the panels for us, 22 and through miscommunication that was 23 not the correct spot. And that is what 24 I am here for, to keep them where they 25 are, and that's it. If they would LISA MARIE ROSSO - (845) 674-3937 5 1 PUBLIC HEARING - GALELLA 2 grant the variance for that. 3 CHAIRMAN GIAMETTA: Thank you, Mr. 4 Galella. Have you officially notified 5 the neighbors surrounding your 6 property? 7 MR. GALELLA: I have. 8 CHAIRMAN GIAMETTA: You have? How 9 many mailings went out? 10 MS. CASHMAN: He mailed 22. 21 11 were returned, and one was 12 undeliverable. 13 CHAIRMAN GIAMETTA: Okay. So, we 14 have quite a large response from the 15 neighboring properties. Does the Board 16 have any questions regarding Mr. 17 Galella's efforts this evening as to 18 what he wishes to do, or concerns? Mr. 19 Conn? 20 MR. CONN: I don't have any 21 questions, other than what I've stated 22 in the last meeting. Unfortunately, a 23 building permit was never secured for 24 the installation of them. There is no 25 site plan brought to the planning board LISA MARIE ROSSO - (845) 674-3937 6 1 PUBLIC HEARING - GALELLA 2 for them to approve it. And on top of 3 that, we cannot grant a variance on a 4 structure that was not legally built 5 and permitted in the first place. It's 6 not preexisting, nonconforming, it's 7 not a hardship that somebody inherited. 8 So, in my opinion, there is no way we 9 can grant a variance, because it's not 10 a legal structure to begin with to 11 grant a variance on. 12 CHAIRMAN GIAMETTA: Thank you, Mr. 13 Conn. Mr. Salinovich, anything to 14 comment on? 15 MR. SALINOVICH: No. The thing 16 is, Mr. Galella is a builder, he knows 17 he needs permits, number one. The guy 18 that installed it gets permits from the 19 town, he knows all towns get permits 20 for solar panels, okay. And, again, I 21 said from the beginning, we can't allow 22 him, because we've turned so many down 23 for the same thing. We can't just give 24 it to you because, well, my opinion, 25 can't give it to you, because you LISA MARIE ROSSO - (845) 674-3937 7 1 PUBLIC HEARING - GALELLA 2 created it. 3 CHAIRMAN GIAMETTA: Thank you, Mr. 4 Salinovich. Is there anyone from the 5 public who wishes to comment on this 6 matter either for or against it? 7 Ma'am, identify yourself. 8 MS. HITE: Jill Hite. And I get 9 what you're saying, but I don't know, 10 it's a solar panel. It's not like it's 11 another building. 12 CHAIRMAN GIAMETTA: Are you a 13 neighbor to the property? 14 MS. HITE: No. No, I'm just 15 listening, and a concerned citizen. 16 MR. SALINOVICH: It's under what 17 they call accessory structures, which 18 is a pool, a shed, solar panels, barns, 19 so it's all in the same category, that 20 is why. 21 MS. HITE: Is it an eyesore? Is 22 it something that is -- 23 MR. SALINOVICH: Doesn't have to 24 be. 25 MR. CONN: Doesn't have to be. LISA MARIE ROSSO - (845) 674-3937 8 1 PUBLIC HEARING - GALELLA 2 There is already two accessory 3 structures on the property, and per Mr. 4 Galella's statement at earlier 5 meetings, he has 20 acres on that 6 particular lot. So in our -- I won't 7 speak for anyone else -- in my opinion, 8 there was plenty of other areas it 9 could have been put on. And my main 10 concern is there was never a building 11 permit secured from the town to put it 12 in, and then there has to be a site 13 plan approval from the planning board. 14 So, two steps that needed to happen 15 before you ever put it in the ground 16 never happened. 17 MS. HITE: Could he move it? Can 18 he move it? 19 CHAIRMAN GIAMETTA: Well, we're 20 going to get to that. Are you in favor 21 or against it any way? 22 MS. HITE: No, not really. I feel 23 for him, but if we have laws, we have 24 laws, and that's why I'm here. 25 CHAIRMAN GIAMETTA: Anyone else LISA MARIE ROSSO - (845) 674-3937 9 1 PUBLIC HEARING - GALELLA 2 wish to comment on the Galella matter? 3 (No audible response) 4 CHAIRMAN GIAMETTA: Having heard 5 no further public comment, I ask for a 6 motion to close the public hearing. 7 MR. CONN: I will make a motion. 8 CHAIRMAN GIAMETTA: And a second? 9 MR. SALINOVICH: I'll second. 10 CHAIRMAN GIAMETTA: All in favor? 11 MR. CONN: Aye. 12 MR. SALINOVICH: Aye. 13 CHAIRMAN GIAMETTA: Aye. It's 14 carried, okay. Gentlemen of the board, 15 we're to a point where we have to vote 16 on this matter, either for or against 17 it. It's going to be based on a motion 18 of a vote, and I ask for that motion 19 either for or against the variance for 20 Mr. Galella. 21 MR. GALELLA: May I make one final 22 statement? 23 CHAIRMAN GIAMETTA: Yes, Mr. 24 Galella. 25 MR. GALELLA: For -- in my own LISA MARIE ROSSO - (845) 674-3937 10 1 PUBLIC HEARING - GALELLA 2 defense, I admit it was a mistake not 3 to do the site plan and permit first, 4 but it wasn't no intention of never 5 getting a permit, it was the 6 unfortunate matter of miscommunications 7 between myself and the installer. With 8 that said, the permit did finally get 9 submitted, and the two adjoining 10 neighbors do not have any objections to 11 the matter. And as far as the last 12 requirement that I think the attorney 13 had set out, it is a large piece of 14 property, and it has limited places to 15 put these panels. So, with that said, 16 it doesn't, in my opinion, it's not 17 visible, it's on a private road, it's 18 300 feet off the road. I really can't 19 see -- I mean, I could see the hardship 20 matter not being the case, but in the 21 case of mistakes, I would see the 22 Board, people presenting themselves in 23 front of the zoning board just the same 24 as far as a mistake. I mean, I can't 25 see the reason any other objections to LISA MARIE ROSSO - (845) 674-3937 11 1 PUBLIC HEARING - GALELLA 2 it as far as integrity of the panels 3 being there as they are. 4 MR. CONN: To you it's solar 5 panels. To the next person, what if 6 they want to build a two-story garage, 7 which is an accessory structure, and 8 they don't get a site plan approval to, 9 this sets a precedent for the next 10 person. It's an accessory structure. 11 It's not separate, and those two things 12 weren't done. And you as a builder 13 know that you have to get a building 14 permit before you put something in, and 15 you need site plan approval from the 16 planning board before you put something 17 in. 18 MR. GALELLA: I am not objecting 19 to that. I admit to that part. That 20 was a mistake, but it was an unforeseen 21 mishap between myself and the 22 installer. Accessory part building, 23 yes, accessory panels, it's -- you can 24 base it on a case by case basis if 25 somebody else wants to put the same LISA MARIE ROSSO - (845) 674-3937 12 1 PUBLIC HEARING - GALELLA 2 panels on a public road where 3 pedestrians and cars see it daily, I 4 could see the objection. But here, I 5 am on a large piece of property hidden, 6 I have AG exemption, and it's hard -- 7 it's practically invisible, and the two 8 neighbors -- adjoining neighbors have 9 letters from them with no objections. 10 MR. CONN: Regardless of that, how 11 do we legally grant a variance on a 12 structure that was not legally built in 13 the first place? We can't. It's not a 14 legal structure. We can't even grant a 15 variance on something that wasn't 16 legally built to begin with. 17 MR. GALELLA: That's news to me. 18 I don't know how anybody -- it's -- I 19 don't know. I can't answer that 20 question really. It would eliminate a 21 lot of people that would come before 22 the Board if that was the case. 23 CHAIRMAN GIAMETTA: I am afraid 24 the public hearing of the meeting has 25 been closed, ma'am. I respectfully LISA MARIE ROSSO - (845) 674-3937 13 1 PUBLIC HEARING - GALELLA 2 can't hear your comments at this point. 3 Mr. Galella, thank you for your input. 4 We are to a point of making a motion 5 and a vote on this matter. I'd like to 6 hear a motion, please. 7 MR. CONN: I will make a motion to 8 deny the variance. 9 CHAIRMAN GIAMETTA: A second? 10 MR. SALINOVICH: Second. 11 CHAIRMAN GIAMETTA: In favor of 12 denial of the variance? 13 MR. CONN: Aye. 14 MR. SALINOVICH: Aye. 15 CHAIRMAN GIAMETTA: Chair, aye. 16 Variance denied. Sorry, Mr. Galella. 17 Thank you for your -- attending. 18 (Whereupon, at 7:14 P.M., the Hearing 19 was concluded.) 20 21 ° ° ° ° 22 23 24 25 LISA MARIE ROSSO - (845) 674-3937 14 2 C E R T I F I C A T E 3 4 STATE OF NEW YORK ) : SS.: 5 COUNTY OF ULSTER ) 6 7 I, LISA M. ROSSO, a Notary Public for 8 and within the State of New York, do hereby 9 certify: 10 That the witness whose examination is 11 hereinbefore set forth was duly sworn and 12 that such examination is a true record of 13 the testimony given by that witness. 14 I further certify that I am not related 15 to any of the parties to this action by 16 blood or by marriage and that I am in no way 17 interested in the outcome of this matter. 18 IN WITNESS WHEREOF, I have hereunto set 19 my hand this 14th day of June 2021. 20 21 ___________________________ 22 LISA M. ROSSO 23 24 25 LISA MARIE ROSSO - (845) 674-3937 1 2 STATE OF NEW YORK : COUNTY OF ULSTER 3 TOWN OF MARLBOROUGH ZONING BOARD -------------------------------------------X 4 5 In the Matter of 6 MICHAEL GWILLIAM 7 512 Milton Turnpike, Milton, New York 12547 8 -------------------------------------------X WORKSHOP MEETING CONTINUATION FOR A FRONT 9 YARD AREA VARIANCE REQUEST FOR AN EXISTING ACCESSORY STRUCTURE 10 11 DATE: June 10, 2021 12 TIME: 7:17 P.M. 13 PLACE: Town of Marlborough Town Hall 14 #21 Milton Turnpike Milton, New York 12547 15 BOARD MEMBERS: WILLIAM GIAMETTA, CHAIRMAN 16 LENNY CONN JEFF MEKEEL, Absent 17 DAVE ZAMBITO, Absent GEORGE SALINOVICH 18 19 ALSO PRESENT: MICHAEL GWILLIAM, Applicant 20 PENNY E. CASHMAN, Zoning Board Secretary 21 22 23 -------------------------------------------X LISA MARIE ROSSO 24 140 Mahoney Road Milton, New York 12547 25 (845) 674-3937 2 1 WORKSHOP - GWILLIAM 2 CHAIRMAN GIAMETTA: That brings us 3 to our second case of Michael Gwilliam. 4 It's a continuation of a workshop for a 5 request for a front yard area variance 6 for an existing accessory structure. 7 Are you Mr. Gwilliam? 8 MR. GWILLIAM: I am. This time 9 Mr. Welch is out of state. 10 CHAIRMAN GIAMETTA: Welcome. 11 MR. GWILLIAM: Thank you. 12 CHAIRMAN GIAMETTA: Would you 13 please summarize your intentions and 14 efforts this evening to all attending? 15 MR. GWILLIAM: Okay. 16 CHAIRMAN GIAMETTA: Loud and clear 17 for the court reporter. 18 MR. GWILLIAM: I would like to 19 thank the Board for extending our 20 workshop time at the last meeting. And 21 at this time, I would like to ask the 22 members of the Board to consider our 23 variance request that we put forward on 24 April 8th as its original state. 25 CHAIRMAN GIAMETTA: I see. LISA MARIE ROSSO - (845) 674-3937 3 1 WORKSHOP - GWILLIAM 2 MR. GWILLIAM: Without any 3 changes. 4 CHAIRMAN GIAMETTA: Let the record 5 reflect the applicant wishes to proceed 6 with his original request for a 7 variance. Also, let the record reflect 8 that there has been a field meeting on 9 this matter with the entire Board 10 present, and a review and discussion of 11 our findings that day back in, I 12 believe it must've been May. 13 MR. GWILLIAM: Could have been 14 May. 15 CHAIRMAN GIAMETTA: Could have 16 been May of this year. An item of 17 discussion for the record, and your 18 consideration was your request and also 19 potential for a subdivision of the 20 property from your parcel of property 21 so that it sets on its own space. 22 Thereby, you would not need a variance. 23 So please keep that in mind as you 24 pursue your variance requests, and if 25 the public would like to comment on LISA MARIE ROSSO - (845) 674-3937 4 1 WORKSHOP - GWILLIAM 2 this, please identify yourself, and 3 speak for the record. Ma'am? 4 MS. HITE: Jill Mackey-Hite. 5 CHAIRMAN GIAMETTA: Jill 6 Mackey-Hite, welcome. 7 MS. HITE: Thank you. So what -- 8 have you made a decision, or have we 9 just -- 10 CHAIRMAN GIAMETTA: No, it's not 11 at the point of a vote this evening. 12 MS. HITE: Okay. 13 CHAIRMAN GIAMETTA: Mr. Conn, 14 could you summarize it? 15 MS. HITE: Yes, give us a synopsis 16 of what you come to so far. 17 MR. CONN: They purchased the 18 property, there were two pieces of 19 property the way that I understand it. 20 The property that your family house 21 sits on I believe is ten acres -- 22 MS. HITE: No. 23 MR. GWILLIAM: Sixty-eight, 66.8. 24 MR. CONN: It was explained to us 25 during the site visit, there was a ten LISA MARIE ROSSO - (845) 674-3937 5 1 WORKSHOP - GWILLIAM 2 acre, and a -- 3 MR. GWILLIAM: There is 27 in the 4 back, but that is a long way back. 5 KATHY MACKEY: That's a separate 6 parcel; right? 7 MR. CONN: They want to keep the 8 house, as all of us, in our opinion, at 9 least mine, would like to see the house 10 kept. When we are contemplating area 11 variances, one of the first things that 12 we have to consider is whether that can 13 be achieved by other feasible means. 14 He has more than two acres, which is 15 what you would need to have a house, 16 two homes, accessory structure. So 17 another way to do that would be to 18 subdivide the property off the family 19 house that it sits on, and make it its 20 own parcel, and it will become separate 21 from the house, therefore, it wouldn't 22 be an accessory structure for what 23 you're wanting to do in the back. So 24 that is something that we have to 25 consider. I mean, number one is, are LISA MARIE ROSSO - (845) 674-3937 6 1 WORKSHOP - GWILLIAM 2 there other means available to the 3 applicant other than getting a 4 variance. So, those are -- that's one 5 option that, yes, we're considering. 6 CHAIRMAN GIAMETTA: Was that 7 helpful, ma'am? 8 MS. HITE: Yes, it was very 9 helpful. I guess it would then be up 10 to Michael and Raymond to decide how 11 they want to go forward as far as how 12 either you subdivide out the house or 13 you get a variance, I don't know. I 14 know they have a plan, and they've done 15 a great job in what they have done so 16 far, so, and I know I guess you can't 17 have a building in front of your 18 dwellings. I don't know how many feet 19 it is, so I get that. I get that it's 20 sort of an angle, on a bigger road is 21 the Turnpike and not Hare Road, even 22 though it's almost in between both of 23 them. 24 CHAIRMAN GIAMETTA: Yes, but by 25 definition, the older building, LISA MARIE ROSSO - (845) 674-3937 7 1 WORKSHOP - GWILLIAM 2 quote/unquote "is in the front yard" of 3 the principal building, the newer 4 building. 5 MS. HITE: Yes, right. 6 CHAIRMAN GIAMETTA: Because of 7 that, it's a similar code we're using 8 as the last case, the last one was 9 the -- they call it accessory 10 structure. 11 MS. HITE: Okay. 12 CHAIRMAN GIAMETTA: And you cannot 13 have that in the front yard. 14 MS. HITE: Right, right. So I get 15 that. 16 CHAIRMAN GIAMETTA: Mr. Conn 17 explained that an alternative way that 18 it could get accomplished with no 19 variance whatsoever. 20 MS. HITE: Right. 21 CHAIRMAN GIAMETTA: But that's the 22 applicant's decision of which way to 23 proceed and pursue. 24 MS. HITE: Right. 25 CHAIRMAN GIAMETTA: Mr. LISA MARIE ROSSO - (845) 674-3937 8 1 WORKSHOP - GWILLIAM 2 Salinovich, any comments? 3 MR. SALINOVICH: No. 4 CHAIRMAN GIAMETTA: Yes, ma'am. 5 Please identify yourself. 6 KATHY MACKEY: I am Kathy Mackey. 7 I am a neighbor of that property, and 8 the way that I look at it, the house 9 was built in 1793, it's a very old 10 structure. It's my understanding that 11 Raymond and Michael do not want to use 12 it as a dwelling. We're discussing an 13 accessory building, but because of its 14 age and its history, I feel like if 15 they, you know, if it's a hardship, or 16 they don't -- they choose not to 17 subdivide to keep it, I don't see 18 how -- I mean, I sent a letter in. 19 There were five of us surrounding 20 neighbors who all signed that letter. 21 Because it's the last building, natural 22 standing building on that original 23 farm, and to see it be taken down for 24 any reason, other than if it were 25 falling down, which it is not. I mean, LISA MARIE ROSSO - (845) 674-3937 9 1 WORKSHOP - GWILLIAM 2 these guys have done a tremendous job 3 in cleaning up all of the property and 4 taking care of that structure. I just 5 feel it would be detrimental to take it 6 down. That's my opinion. 7 CHAIRMAN GIAMETTA: Thank you for 8 your comments. 9 MR. CONN: Just so everyone is 10 clear, we've never asked for it to be 11 taken down. That's not something that 12 we have ever asked, nor did we request, 13 but what we also have to consider as 14 the zoning board is every decision that 15 we make becomes a precedent for the 16 next case. And just like in Mr. 17 Galella's case, there were other ways 18 and means he could have gone about it 19 outside of not securing building 20 permits in the first place. In this 21 case, there is enough property and 22 somebody could almost look at this as a 23 self-imposed hardship because you 24 bought a piece of property that had a 25 dwelling, and then chose to build LISA MARIE ROSSO - (845) 674-3937 10 1 WORKSHOP - GWILLIAM 2 another dwelling behind it knowing this 3 would become an accessory structure. 4 MR. GWILLIAM: If I could speak to 5 that. There wasn't really -- there is 6 nowhere to locate a new house on that 7 property without that being in the 8 front because the house was built on 9 the old toll road and the road was 10 widened and right now you couldn't even 11 build a house that close to the road. 12 And then regarding the subdivision, we 13 did look at the subdivision, and we 14 looked at the cost, and there is 15 up-front costs with all of the legal 16 fees and permits and surveyors, and I 17 think that worked out to about $17,500. 18 And then there is the additional tax 19 burden that would occur every year, and 20 those are not something that we can 21 afford. So, we do have a demolition 22 permit in place, the town building 23 department told us in order to get the 24 building permit for the new house we 25 had to demolish the old house, and that LISA MARIE ROSSO - (845) 674-3937 11 1 WORKSHOP - GWILLIAM 2 is what we thought we had to do. And 3 we found out later that, and also 4 talking to our neighbors who wanted to 5 preserve it, that there might be a way 6 if the town could approve a variance. 7 CHAIRMAN GIAMETTA: Well, you've 8 come to the right place. 9 KATHY MACKEY: Well, I am thinking 10 back, I mean, I know you guys are all 11 originally from this area as we are. 12 And I think back, if you remember the 13 little red schoolhouse on Lattintown 14 Road and, you know, they took that 15 thing down. And then after they took 16 it down, it was like a lot of people 17 just regretted doing it because it was 18 so old, and it was historical, and I 19 feel like I don't have an emotional 20 attachment to this home as they do, I 21 married into the family, I'm an in-law. 22 So, and I live down the road, but I 23 just look at it in that perspective 24 too, because of the historic nature of 25 it with the farm and all in this area, LISA MARIE ROSSO - (845) 674-3937 12 1 WORKSHOP - GWILLIAM 2 how many other places do we have like 3 that if we can preserve it and just use 4 it as an accessory building for them. 5 They're not looking to, you know, make 6 it their house and inhabitant it with a 7 full-time residence -- a residence is 8 what I want to say. 9 MR. CONN: This doesn't just 10 necessarily go for existing buildings, 11 and I realize he has been great with 12 you and they've been great with us and 13 very open. What happens if you had a 14 neighbor next to you that you didn't 15 like and had a large piece of property 16 and wanted to put an accessory 17 structure in their front yard? People 18 will be coming to us, going, well, wait 19 a minute, you can't allow accessory 20 structures in the front yard, and the 21 precedent is going to be, but you did 22 it for Mr. Gwilliam. So, if you did it 23 for him, you should be able to do it 24 for me. And that's what we have to 25 struggle with, the decisions that we LISA MARIE ROSSO - (845) 674-3937 13 1 WORKSHOP - GWILLIAM 2 make have precedent for anybody else 3 coming along, whether they just moved 4 into the town six days ago, or they 5 lived here for 600 years, and 6 especially if there is another means 7 possible. I understand it could be a 8 financial burden. And based on what 9 you just said, you're putting us in a 10 very difficult position. It's almost 11 like either I get the variance or I 12 tear the house down and make a lot of 13 people mad. 14 MS. HITE: Well, it's not that we 15 would be mad. It's not that. That's 16 not the point why we're here. The fact 17 of it is, it's an old house, they have 18 done excellent -- okay, when -- I don't 19 know if you've ever heard this saying 20 that if you buy property, and if you 21 don't make it better by the time you 22 die, then discredit the land. These 23 two men have truly -- because we didn't 24 have the means to do it, that's why we 25 sold it to these men. And the Lord LISA MARIE ROSSO - (845) 674-3937 14 1 WORKSHOP - GWILLIAM 2 provides these two men, the other 3 Christians, as I believe they were 4 brought here for a reason, and they are 5 willing to save a house that is of no 6 harm, and only brought joy, and I hope 7 you people have stopped along the way, 8 I'm sure -- I hope each and every one 9 of you have stopped and seen the view 10 from, that first view that you get of 11 the valley, and that is where you see 12 the first view coming down the 13 turnpike. So they only want to improve 14 it. They have so many wonderful ideas, 15 and that's one of the reasons why we 16 sold the property because we couldn't 17 improve it. But these guys are willing 18 to make more taxes for you, for the 19 town, and we couldn't afford the taxes. 20 We had to sell it. 21 CHAIRMAN GIAMETTA: I understand. 22 MS. HITE: It's sad. But these 23 guys are so willing to build it up and 24 make it look so much better. 25 CHAIRMAN GIAMETTA: I understand LISA MARIE ROSSO - (845) 674-3937 15 1 WORKSHOP - GWILLIAM 2 your emotional attachment to the 3 property, and you made some valid 4 points, and we will certainly consider 5 those, along with the applicant in 6 considering his past forward. Anything 7 further from the -- 8 MR. MACKEY: Gedney Mackey, 9 Junior, I'm the oldest of the siblings 10 that own the property. The town got a 11 certain -- got a historic preservation, 12 it's been granted going on right now 13 and collecting information on houses. 14 I thought I read -- I didn't bring the 15 article, it's in the paper, 1975, and 16 it's like this house is like 200 years 17 old, and I don't see, you know -- 18 CHAIRMAN GIAMETTA: Excuse me, did 19 you say this house got a certificate of 20 preservation? 21 MR. MACKEY: No, I'm just talking, 22 this is in the works that the town had 23 granted. Have you heard that or talked 24 to anyone? 25 CHAIRMAN GIAMETTA: Ms. Cashman, LISA MARIE ROSSO - (845) 674-3937 16 1 WORKSHOP - GWILLIAM 2 this gentleman is inquiring about any 3 historic certificate. 4 MS. CASHMAN: I am not involved in 5 that. 6 CHAIRMAN GIAMETTA: You're not 7 aware of any application? 8 MS. CASHMAN: I wouldn't know, it 9 doesn't go through me. 10 MS. HITE: It was in the paper and 11 I gave Raymond the article. 12 CHAIRMAN GIAMETTA: Regarding the 13 historical significance? 14 MS. HITE: Yes. And that's why 15 when I wrote my letter -- do you have 16 the letters that we wrote? 17 CHAIRMAN GIAMETTA: Yes. 18 MS. HITE: And I mentioned it in 19 about the grant that was granted to 20 Marlboro. And I mean, there are beams 21 from the French/Indian War that had to 22 be growing in the forest. Because, as 23 you know, this was all forest when 24 we -- in the 1700's. This was when 25 they had wars. So they had to LISA MARIE ROSSO - (845) 674-3937 17 1 WORKSHOP - GWILLIAM 2 clear-cut and there is actual timbers 3 that are historic in there. 4 CHAIRMAN GIAMETTA: Well, we heard 5 a lot of important points this evening 6 about this matter, and we certainly are 7 taking that into consideration. 8 However, all of the Board members are 9 not here to hear those points. Could 10 we adjourn this for another meeting, 11 Mr. Gwilliam? 12 MR. GWILLIAM: Sure. 13 CHAIRMAN GIAMETTA: And have some 14 more discussion about it rather than go 15 ahead next meeting and vote and maybe 16 vote incorrectly. Maybe Mr. Gwilliam 17 may have a different outlook, he may 18 not. And audience, you're welcome back 19 next month. We hope to have a full 20 Board for that meeting and more people 21 to consider what's going on here. 22 MR. GWILLIAM: Can I make a 23 comment on something Mr. Conn said? 24 You brought up the point that if 25 someone wants to add an auxillary LISA MARIE ROSSO - (845) 674-3937 18 1 WORKSHOP - GWILLIAM 2 building, what do you say? And I'm 3 going to make the argument that our 4 case is different. We're not trying to 5 add an auxillary building. 6 MR. CONN: Correct. 7 MR. GWILLIAM: It's a very old 8 structure that happens to be there. 9 MR. CONN: Keep in mind, that is 10 something that we are considering and 11 juggling in our decision, it is 12 existing. We don't have any 13 certificate that states it's 14 specifically of historical value, even 15 though we all know the local historical 16 of it. 17 MR. GWILLIAM: We did get a letter 18 from -- 19 CHAIRMAN GIAMETTA: Mr. Schroeder. 20 MR. GWILLIAM: Mr. Schroeder. 21 CHAIRMAN GIAMETTA: But that is 22 unofficial. 23 MR. GWILLIAM: Oh, okay. 24 CHAIRMAN GIAMETTA: Mr. Schroeder, 25 the town historian has supplied LISA MARIE ROSSO - (845) 674-3937 19 1 WORKSHOP - GWILLIAM 2 information stating the age and 3 significance of the building, but it's 4 not an official letter from the state 5 or from the prehistoric preservation 6 committee. If you can get any more, 7 you know, information regarding the 8 significance, please get it to us and 9 we'll keep it for consideration. 10 MR. GWILLIAM: Okay. 11 CHAIRMAN GIAMETTA: For now, 12 meeting is adjourned until next month. 13 What's the date, Ms. Cashman? 14 MS. CASHMAN: July 8th. 15 CHAIRMAN GIAMETTA: July 8th, 16 7:00, right here. 17 MR. SALINOVICH: We already know 18 it's a unique situation, we know that. 19 If it was a barn, we would tell him to 20 tear it down already, but we don't want 21 to see the house go down, I don't. I 22 worked on the school for ten years so I 23 know about that stuff, and I'm still 24 pissed off. So we're taking it very 25 deeply. LISA MARIE ROSSO - (845) 674-3937 20 1 WORKSHOP - GWILLIAM 2 MR. GWILLIAM: Thank you. 3 CHAIRMAN GIAMETTA: Can we had get 4 a motion to adjourn? 5 MR. SALINOVICH: I ask for a 6 motion. 7 CHAIRMAN GIAMETTA: Second? 8 MR. CONN: Yes. 9 CHAIRMAN GIAMETTA: Carried. 10 Thanks for coming. 11 (Whereupon, at 7:32 P.M., the 12 Hearing was adjourned.) 13 14 ° ° ° ° 15 16 17 18 19 20 21 22 23 24 25 LISA MARIE ROSSO - (845) 674-3937 21 2 C E R T I F I C A T E 3 4 STATE OF NEW YORK ) : SS.: 5 COUNTY OF ULSTER ) 6 7 I, LISA M. ROSSO, a Notary Public for 8 and within the State of New York, do hereby 9 certify: 10 That the witness whose examination is 11 hereinbefore set forth was duly sworn and 12 that such examination is a true record of 13 the testimony given by that witness. 14 I further certify that I am not related 15 to any of the parties to this action by 16 blood or by marriage and that I am in no way 17 interested in the outcome of this matter. 18 IN WITNESS WHEREOF, I have hereunto set 19 my hand this 14th day of June 2021. 20 21 ___________________________ 22 LISA M. ROSSO 23 24 25 LISA MARIE ROSSO - (845) 674-3937