of appeals and we have a pretty short agenda.

We have one application and then a host of meeting minutes to do this evening.

We open the public hearing after we hear from the applicant, right?

Yeah, that's what I thought.

That's what I remember.

Yes.

The applicant this evening is uh Peakskill Property Holdings LLC and Auto Art Inc.

Uh Cara of Betenski Law.

The property owner in question is Peak Skill Property Holdings LLC and the property is 301 North Division Street Peakskill.

It is a uh an application for area parking variance pursuant to section 575-34H and an area variance uh relating to distances from resident districts or places of public assembly book and area requirements rear and side yard setbacks and off street loading uh pursuant to sections 575 10a 575 34 b to a and b 575 34f 575 34 h1 and 575 34i um for a proposed new auto repair facility uh minor repairs only on property located in the C3 general commercial district and I believe we have the applicant and looks like a few other folks possibly or maybe all together the applicant yes good evening thank you um chair members of the board my name is Keith Betenski and I'm the attorney for the applicant I'm here with me uh this evening um we have um Majad and Dia um El Jamal who are the owners as well as William Bishcard our architect um last week we appeared before the planning commission at which time they um made a positive recommendation unanimously and uh determined that the application is a type two under CECRA meaning that it's exempt from environmental review uh tonight we're here requesting the variances that you mentioned and um it sounds like a lot more than it is because it's a legal pre-existing nonconforming use which we'll get into um but I just wanted to give you a little bit of background uh so the applicant recently purchased this property um it's 301 North Division um at the corner of North Division and Courtland and um the property's been used as an auto repair shop since 1976.

So in 1976 the building department issued a certificate of occupancy um uh when the applicant purchased the property it was vacant it was sort of dilapidated he's fixed it up and beautified it he fixed the roof he put on a fresh coat of paint cleared out a lot of the junk and really did a lot of work um cleaning up the property um what he'd like to do is operate it as an auto repair shop um but for only minor repairs so we're talking about things like oil changes wiper blades brakes um no major repairs no auto body shop um no spray booth that's been removed from the site plan um uh we'll get into the the parking in a little bit but there are eight spaces inside the garage and there are eight parking spaces for customers um outside the garage um as I mentioned this is a type two um and the variances are largely due to the fact that the property was built in 1976 it it uh predates zoning this owner's not looking to add any new structures he's not making any structural changes if anything he's reducing the intensity of the use because he's only going to be operating it for minor um repairs um as detailed in our memorandum in support um it's a mere change of ownership um it'll not result in uh an undesirable change to the neighborhood because there are other similar commercial uses in this C3 commercial district um there are no alternatives because the building's already existing um the proposed variances are not substantial um because uh they're largely due to legislative changes in the code that have taken place since the structure was originally built um there's no environmental impact because it's a mere change of ownership no no construction is going to be taking place um and the difficulties not self-created because the variances are essentially due to the fact that it's a legal preexisting nonconforming use and with that I'd like to turn it over to our architect so he can walk you through the plan and um answer any questions that you might have regarding the variances.

Sure I do you want to ask questions now or do you want to wait till after you hear from the architect okay yeah we'll wait till after we hear from the architect good evening everybody I'm William Beshuat.

As it was said before this building has been really well maintained throughout the whole time that the the new owners have taken it over and there was the I'm not proposing any construction the only thing we propose is to remove the spray booth which is in fact will cut down the capability of the shop substantially.

The only thing we propose is to remove the spray booth, which is in fact will cut down the capability of the shop substantially.

Their intentions are to keep it simple, oil change, inspection, tires, etc.

etc.

And of course, we have the young blood over here with the computers, and they're gonna have an app that they can make the appointment and then go to gate number one or gate number three or gate number five.

On the inside of the building, now without the auto body shop, there's a plenty room to do some work.

No cars will take place, will will require work more than 50 minutes to an hour based on what has to be done.

And there will be no towing in Bahalt.

They don't own one.

If a car needs to be towed to the shop, don't bring it to us because we don't have the capability to fix it.

We're not a mechanic shop.

We are a car service area where we could we provide you with, like I said, oil change, tires, etc.

etc.

With that said, there is nothing we can do with this building to increase the number of parking or move the building anywhere.

Everything is pre-existing, been existing like this for many, many years.

We were in front of the uh planning and uh they felt very positive about it for whatever is worth the um if you have any questions regarding the parking or regarding the circulation and the and the property will be more than happy to answer.

Just one question.

Yes.

Do you foresee you ever or does the owner ever foresee telling happening going into the property?

Absolutely not.

Like I said, they don't have the mechanics to work on cars that need to be towed in.

Like they don't have that capability, so that is out of the question.

No way.

Are you proposing to change the sign?

Uh we change it.

Yes, we changed in the sign with a new name and will comply with all sign guidelines and requirements by the city.

Um are you seeking a special permit?

Yes, yes.

Yes.

So the application requires a special use permit from the common council for minor automotive repair shops uh in the C3 district.

We have not appeared before them.

I think our first meeting is going to be Monday.

Um, but the special use permit criteria include some of the variances that we're seeking from this board.

So actually the timing works out quite well.

Um but yes, it does require a special use permit.

Okay, because I looking through the materials, it it looks like the property was vacant vacant for more than a year.

Yes, which is why the building inspector I think is requiring the special use permit, otherwise it would probably be deemed a simple, you know, legal pre-existing non-conforming use.

But according to the building inspector, that has lapsed, hence the need for a special use permit.

So it's no longer uh a pre-existing non-conforming use.

According to the building inspector, yeah.

I mean, we're we're in if you read our our memorandum in support, we're actually asking this board for an interpretation that no variances are required because a C of O was issued in 2025.

It just says vacant commercial.

So um our our our buyer relied on the C of O when he bought the property.

Um, and it it was issued in 2025.

But the building inspector's interpretation is that because the property was vacant for more than a year, um, the use has lapsed in the special use permit is required.

The owner has decided to move forward with that process, and that's why we're here tonight.

So yes, we'll be appearing before the common council for the special use permit.

Oh question.