The application by Shahin Garayev for site plan approval for his packaging business in Spring Glen received harsh comments from neighbors during the public hearing on Tuesday, May 16. Garayev appeared, alongside his attorney Jeff Kaplan, who is also Ellenville’s mayor, to respond to comments from the public.

The business involves repackaging bulk supplies of different items, including flour, and then shipping out smaller packages to customers. The request for site plan approval included a waiver on the parking requirements.

At issue is the fact that this business is located in a residential neighborhood. While the zoning allows “micro-light” industrial uses, the issue is what is included under that heading.

The first complaint came from a neighbor, Stephanie Glatt, who said there was smoke coming from the chimney built onto the garage and it was from cardboard and causing her distress. This led to the revelation that a wood stove had been added inside the garage. Building inspector Robin Coleman asked what kind of wood stove and was told it was one with a “water jacket.”

Glatt said that smoke had affected her as recently as the week before, while Garayev claimed that nothing had been burned in the stove or on the property for a year or more. Glatt also said that she saw Garayev’s employees building the chimney.

Board Chair Doug Hart asked if there was more than a chimney involved and whether incinerating cardboard had ceased. Garayev said he would remove the wood stove and the chimney.

Another neighbor, Taras Lazowy, complained that the repackaging business had turned the neighborhood into a “shipping depot.” A forklift has been used to load and unload tractor trailers coming to the property. Lazowy said tractor trailers are coming every day, including one from UPS. The forklift allegedly operates all day long and the noise shatters the peace of the neighborhood. Garayev claimed at first that the forklift only operated “inside.” But that was revealed to mean inside the property, not inside a building. The building is not large enough to work with the forklift inside it. Hart asked what kind of forklift was being used and was told it was a propane powered one.

Pallets are also reportedly stacked outside on the property. Coleman observed that the parking lot area beside the house and garage is filled with merchandise. This seemed to surprise Hart who asked, “You still have pallets outside?” Garayev seemed confused as to what “inside” and “outside” meant in this context, thinking that if it is on the property then it is “inside.” Board member Roger Ross noted that Garayev had been given a list of bullet points, things to be addressed to clear the way for this application. Everything was supposed to be inside the building, but apparently it was not.

A side issue arose when it was revealed that Garayev had initiated the purchase of a neighboring property. Coleman was emphatic in declaring that this property could not be used in any way for the repackaging business and that the business could not expand in that way.

The Planning Board’s attorney, Mary Lou Christiana, said that the application needed to go back to the drawing board and start again. However, Coleman said there was an ongoing problem with this site and business and that the problems had been continuing for a year, and have grown.

Town planner Jonathan Lockman noted that enforcement issues were not the purview of the planning board but belong to the building department. The question of whether the business was operating without any approvals was for the building department to settle.

Kaplan suggested that he and Coleman speak on Thursday. Meanwhile the public hearing has been left open and further comments may be heard next month.

Camp Rav Tov Returns

Ryan Smithem, of Mercurio, Norton, Tarolli and Marshall, surveyors and engineers from Pine Bush, appeared again on behalf of an application by Camp Rav Tov (d’Satmar) to construct a gym or “activity” building of approximately 14,000 square feet. A key aspect of this is that there will be no water supply or sewer service to the building and it will be exclusively used for recreation activities.

The public hearing brought a question from Roy Lepke, who owns an adjoining property. He wondered why he and other neighbors had not received written notice of the public hearing. He also voiced a prior complaint regarding clear cutting on the Rav Tov property, saying that clear cutting was not allowed on other people’s land but had been allowed there. He had other complaints, too, but attorney Mary Lou Christiana explained that those needed to be directed to agencies above the town planning board. The issue of the clear cutting was due to a State Pollutant Discharge Elimination System (SPDES) permit granted from the DEC. Any complaint needed to be taken to them. Lepke, clearly frustrated, left the meeting saying, “nothing gets done, as usual.”

In later discussion it was revealed that the board secretary, Barbara Stanger, had been absent with an illness for the previous week, which most likely accounts for the lack of written notices being sent to the neighbors of Camp Rav Tov.

Meanwhile, board member Victor Markowitz raised the issue of sprinkler systems. A building of more than 10,000 feet in extent should have a sprinkler system. Lockman said that the planned building had sufficient exits for fire safety purposes and as a “gym” it did not need a sprinkler system.

A question was posed regarding the number of campers that are going to be on the site. Don Schmalzle, board member, said that it appeared that 684 people would be present. That was corrected shortly, and when staff were added there would be 898 people on the site.

The public hearing will remain left open through to the June 15 planning board meeting.