Dozens of local residents turned out for the monthly Town of Coeymans Planning Board meeting protesting the used car showroom and auto repair facility planned on the site of the former Marshall's Auto Sales on Route 9W in Ravena.
The new business, American Dream Ventures, tried starting up in the fall of 2010 but because they had not gone through all the permitting steps the building department issued a cease and desist order, pending the approval of a site plan review.
At last Monday's meeting, D.W. Chichester, spokeman and consultant for American Dream Ventures, which is leasing the property from Crown Point Ltd LLC., presented an updated plan to the board.
Building Inspector Larry Conrad said the cars parked on the lot had not caused the cease and desist violation. That had come about because American Dream Ventures had started running a business without approval.
Conrad said the property in question contained two lots, each with different permits.
He said the rear lot had never ceased operating as a parking lot and the town could not prevent the continued parking of cars there. The front lot, however, stopped operating as a used car sales shop several years ago when Marshall's went out of business.
It was only when Chichester hung signs in the two buildings on the property indicating they were open for business that the town stepped in.
Conrad said he noticed the signs in late fall of 2010 and shortly after he issued the cease and desist order. Since then Chicester has appeared before the town board three times.
Conrad also said that Chichester had been under the impression from the property owners, Mr. and Mrs. Evans, that there was no problem with opening a shop there.
He further said Chichester was in the process of obtaining permission to operate a used car lot on the premises, a use permitted in the zoning for that location.
At the February 7 meeting, Chichester said he was willing to comply with the planning board's conditions including limiting the number of cars on the site to 50, planting trees and shrubs to mitigate the visual impact on neighbors, ensuring all cars are in running condition and painting the building.
The board said the previous use of the buildings and site had been for a sales and body shop showroom. Since there were no buildings planned, they saw no reason to deny Chichester's application, should he comply with all requests.
However, close to a dozen speakers did not agree. Several reported seeing flatbed trucks piled with cars dropping off vehicles in the middle of the night.
Others called it an eyesore.
But Planning Board member Dave Ross said, "So far I have been pleased and encouraged by everything I have heard from Mr. Chichester."
Ernest Quinto agreed, saying, "Mr. Chichester has been before this board three times and he has shown little resistance to our suggestions, although he has faced plenty of resistance."
Quinto went on to say that many people could not afford new cars such as those offered at Crossroads Ford, which is next door.
"I'm glad you're here and I hope you're successful," he said.
Local residents Roger Rarick and Barbara Tanner were both concerned with the physical appearance of the property.
Rarick said he would be on Chichester like a hawk if he reneged on conditions.
Chichester responded, "We are small people and we are just trying to move forward."
Resident James Williams questioned how and why the cars had appeared.
"I saw cars towed in at night. My concern is the business could be a disguise for selling auto parts."
Chichester said the cheapest towing rates were for nighttime moving.
But planning board member Winthrop Irwin said, "The law says that as long as the business is not dismantling vehicles or selling parts, it is legal."
Winthrop pointed out the planning board had walked through the lot and said once Chichester reduced the number of cars from 96 to 50, it would be acceptable.
Planning Board Chair Peter Foronda agreed, saying a used car lot is a permitted use of the property.
When Jackie Lynch asked how the cars had been brought in without anyone being aware of it, Foronda responded the planning board was not the police department. Their role is considering applications when they come in.
"The man wants to do business here," said new resident Jack Soloman. "What's the problem?"
Local resident Nancy Warner responded the town was business friendly but not when someone deposits things on a property which are not allowed to be there.
"They came in under the cover of darkness," she said. "If they don't yet have permits, nothing should be there."
Another woman pointed out that Crossroads Ford, which borders the property, had been carefully renovated and the old cars now sitting in American Dream Ventures lot reflected poorly on Crossroads.
One resident who lives near the site said he fears oil and other contaminants could infiltrate wells and septic tanks. "I hope you won't allow this to go through," he said to the planning board. "It is a disgrace for Crossroads. Some people think the cars belong to them."
Crossroads owner Ron Teator asked who was going to enforce the laws.
"I'm all for business but we don't need another Malphrus in town," he said. "I've gotten calls recently from people saying they want to buy one of my junk cars."
Malphrus is a property near Routes 144 and the NYS Thruway which has drawn complaints because of junk trailers and vehicles parked there.
Crossroads moved recently from its location on the corner of 9W and Main Street and renovated and refurbished the new buildings, lots and landscaping around the property.
"I want business in the town to grow but I want it done right," Teator said. "There's probably not a single car on that lot right now which would pass inspection."
But Winthrop said the planning board's role was deciding whether a used car lot was permissible on that site. Other enforcement questions would have to come from the code enforcement office, the building inspector, the town police and even the town board.
"We have to follow the laws and the law says a used car business is legal there," he said.
One person asked if Chichester had a dealership license yet and Winthrop responded that he can't get a dealership license until the planning board approves the site plan.
Another speaker was incredulous the business had been operating without a dealership license, but Conrad pointed out he had shut down the business several months ago for just that reason.
"We can't just tell him to get all the cars out of there," he said. "As soon as the planning board decides on the conditions he will have 180 days to comply."
The upshot of the meeting was the planning board granted American Dream Ventures approval as a used car showroom and repair facility with the stipulation that all conditions had to be met within six months.
The conditions are only 50 cars permitted on the property at one time, and the building must be painted and landscaping installed at several locations to provide screening for neighbors and drivers.
In a phone conversation, Chichester said he looks forward to continuing with the business and hopes to be open by summer with several dozen employees.
"I'd like to thank the planning board for their courtesy and thoroughness,” he said. "We have a gorgeous, underutilized piece of property and we hope to restore it to its former status.. The proof will be in the pudding."
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