Since December 12, 2018 there has been questionable action regarding Codes, by this board of trustees. And even more disturbing, the treatment of the CEO (Codes Enforcer Officer) Tim Carter.
At the December 12 2018 VB meeting Mr. Bulinski raised a complaint regarding the $5000.00 permit fee he was charged, to build a business at his property on Clark St.
The first issue is ALL code grievances must filed with the ZBA (Zoning Board of Appeals), that is one of the very purposes of that board.
https://www.dos.ny.gov/lg/publications/Zoning_Board_of_Appeals.pdf This is an important document to become familiar with, if you want to protest your property from violations made against you, but also for when you may want to change something with your property.
The Court of Appeals, New York State's highest court, has recognized the necessity for and the value of boards of appeals as a "safety valve" to prevent the oppressive operation of zoning laws in particular instances, when the zoning restrictions are otherwise generally reasonable.4 And each municipal attorney, property owner and judge will agree with Chief Judge Cardozo's observation that: There has been confided to the Board a delicate jurisdiction and one easily abused." - NYS ZBA technical series
Appearance before the board:
Paul Bulinksi – Storage Units: Mr. Bulinski addressed the Board with concerns of the high fee he had to pay for the building permit for the new storage units he is getting ready to put up on East Clark Street. Mr. Bulinski requested from the Board a discount on the permit because he didn’t budget for such a large fee. PMO Carter stated that all business building permits are .40 per square foot. Deputy Mayor Lester feels that the cost is extremely high and asked if PMO Carter can research other Villages to see what they are charging per square foot for new constructions. Mayor Lamica told Mr. Bulinski that PMO Carter will research and then discuss with the Board his finding and then get back to him with a decision on the fee
1) if the Village Board and Clerk followed open meeting laws, the permit would have been part of the agenda documents.
2) The fact that a business did NOT budget for the permit fee, is not a Board issue. (whether it be ZBA or board of Trustees.) The business owner admits, he is at fault for not budgeting for the permit.
Permit fees are meant to establish a budget line for the Codes Department. The fees are to offset, the paperwork that is required to file, both with in the Village but also with NYS, also to support the salary of the Codes Department. The fees are not meant allow the Village to earn profit, but to make the Codes department almost a self-sustaining.
These permit fees where set long before Mr. Carter was CEO. He enforced them as written, he did his job.
According to Time Telegram article of December 16, 2018, Bulinski applied for permit to construct Storage Units at his Clark St. property .A 12, 400 sq.. project. This a rather large project and would require many inspections, many documents that must be filed, there is also the question of what sort environment impact it will have from parking, traffic flow, electricity, to water usage.
"I'm talking about building up and improving Ilion", he said. "this is an area that has been neglected for a long time. It's not a chain." Bulinksi pointed out that he village would also be gaining from an increase in property tax.
1) According to NYS Department of Taxation and Finance https://www.tax.ny.gov/pubs_and_bulls/tg_bulletins/st/movers_and_warehousers_storage_services.htm
Sale of storage services vs. the rental of real property
Charges for storage services are subject to state and local sales tax as stated above. However, charges for the rental or lease of real property, even though used by the tenant for storing property, are not subject to sales tax. Indicators of a rental or lease of real property include:
the tenant contracts for a certain amount of footage in a specific location; the tenant has unlimited control of access to the space and exclusive possession of the space; the tenant's possession and control of the space must be to the exclusion of the proprietor (as described below);the tenant is allowed to supply racks, cabinets, and other facilities for the tenant's own use in the leased space; and the proprietor does not provide any additional services that require the tenant to give up possession and control of his or her property to the proprietor (such as receiving, handling, storing, or forwarding of the tenant's personal property).
Hours of availability
Where a self-storage facility is not open to customers at all hours, a customer is considered to have unlimited control as long as the customer has access to the space during hours when other similar commercial storage facilities are generally accessible.
Example 7: A self-storage facility is surrounded by a fence with a gate with a keypad lock. For safety reasons, the owner of the facility allows access only from 8:00 am through 5:00 pm each day. No overnight access is allowed and the keypad lock will not open the gate during off hours. The facility's customers are considered to have unlimited control because daytime-only access is similar to when other commercial storage facilities are generally accessible.
Exclusive possession
The tenant's exclusive possession of the space may be established by means of a lock (either the proprietor's or the tenant's) on the door of the enclosed space, under the control of the tenant. Exclusive possession will still be recognized if the proprietor has a duplicate or master key and, as a result, has access to the space, but the written lease agreement specifically provides that the proprietor has no right of access to the space during the term of the rental except to collect rent, make necessary repairs, or in an emergency.
There is sales NO tax returnable to the Village, we gain nothing.
And then there is the question of property tax. Then came about in a second meeting Mr. Bulinski attended on January 9, 2019.
From board minutes:
• Paul Bulinski—Mr. Bulinski was inquiring about the pricing of square footage when obtaining a building permit. Property Maintenance Officer Timothy Carter said he was currently looking into the matter. Mr. Bulinski then presented documents of his building permit, variance permit, and a copy of his latest survey of property at 38 Catherine St, Ilion. The building in question is currently approximately two feet into his land. Deputy Mayor Charles Lester expressed his dissatisfaction with the lack of information on the current building permit issued by Property Maintenance Officer Timothy Carter. Mayor Lamica offered a future meeting with Mr. Bulinski to discuss the matter further. No date for said meeting has been scheduled yet.
Please note the list of documents Bulinski presented: Mr. Bulinski then presented documents of his building permit, variance permit, and a copy of his latest survey of property at 38 Catherine St, Ilion. These documents were not part of the Agenda documents of the January 9 2019 meeting
There appears to be a new grievance, concerning a neighbor Violation. 1) Again this belongs in front of the ZBA 2) it is clear that lester , lamica and the remaining silent members , fail to comprehend codes, the difference between COMMERICIAL AND RESIDENTIAL PERMITS, Village Zoning Maps, and of course ZBA duty.
Looking at the zoning map, Bulinski property is in a B -1 District. Below is what business can be built in a B-1 district. There is plenty of opportunity to prosper a reasonable return, any variance request of USE CHANGE should have been denied
250-13. B-1 Retail Business District.
The following regulations shall apply in all B-1 Retail Business Districts:
A. Permitted uses:
1) Existing residences.
2) Stores and shops for the conducting of any retail business.
3) Banks, offices, studios and hotels.
4) Restaurants, tearooms, cafes and other places serving food or beverages.
5) Theaters, billiard or pool parlors, bowling alleys, skating
rinks or similar recreational uses or places of assembly.
6) Private schools conducted for gain.
25021
250-13 ILION CODE § 250-14
7) Personal service shops, such as barber- and shoe shine • shops and beauty parlors.
8) Caterers.
9) Undertakers.
10) Telegraph offices or telephone and express offices.
11) Baking, confectionary, dressmaking, dyeing, laundry, printing, tailoring, upholstering and similar establish- ments and businesses of a similar and no more objection- able character, subject to the following provisions:
a) All goods or products manufactured or processed shall be sold at retail on the premises.
b) All such manufacturing or processing shall be done on the premises, and not more than five ( 5) persons shall be so employed at any one ( 1) time.
12) Public garages, automobile repair shops, automobile service stations where general repairing is done, automo- bile parking lots and used car lots. •
13) Accessory buildings and accessory uses.
B. Permitted uses upon issuance of a special permit by the Board of Appeals:
1) Public utility structures.
IF these documents exist, and I highly suspect they do not ,considering the reputation of the repeated threats, slander, libel and defamation over my right, as well as yours, but if they exist why not produce these documents?
As found in the Times Telegram 1/14/2019 " Paul Bulinski, who owns a trucking company, said if the Village determines the house to be a safety hazard he could put it to the ground the following day. It would then have to be handled as possible asbestos-containing material and hauled to the landfill in Ava."
And this how on Jan. 12, 2019 is how the trustees WITHOUT passing a resolution to
allocate taxpayers funds to demolish 161 Otsego St. awarded the refund of a ($5,000.00) permit fee, and a $5,000.00 tip how many laws will the trustees violate because they fail at their duties , one they swore an oath to.... to be continued
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