Knox struggles to recognize businesses that exist outside business district

The Enterprise — H. Rose Schneider

Scout John Todd McGivern shakes hands with Councilwoman Amy Pokorny while Councilman Earl Barcomb, right, looks on. Supervisor Vasilios Lefkaditis awaits with a proclamation to honor McGivern’s achieving the rank of Eagle Scout.

KNOX — Although the Knox Town Board postponed a public hearing and workshop about establishing three new business districts in town, the subject was brought up with a paradox of how to promote town businesses that may not be legally zoned.

Councilman Dennis Barber had proposed a listing online of local businesses, but town attorney John Dorfman said such a list would make it difficult to enforce zoning laws that may state those businesses are not allowed to operate at their locations.

“The perception — and I’m not saying it’s true — that so-and-so’s allowed to run his business, and so-and-so’s allowed to run her business, but so-and-so is not, we can’t say we haven’t heard it,” said Supervisor Vasilios Lefkaditis.

“Give me specifics,” said Barber.

“I don’t want to name anyone,” said Lefkaditis.

“That’s hearsay,” said Barber.

Lefkaditis suggested businesses existing from a certain point could be grandfathered into the zoning, providing amnesty to already established businesses, while the zoning law going forward could be fairly enforced on new businesses.

He added that, were he a business trying to set up in Knox and was told he couldn’t, that he would sue the town for having an unfairly enforced zoning law.

The current town law states that businesses established in a nonconforming area before the law was passed in 1974 are allowed, but cannot expand or re-establish after closing.

Councilwoman Amy Pokorny said it was a good idea to legitimize businesses before advertising them, and suggested gathering businesses together and making sure they were otherwise operating legally.

“I think most of them are legitimate,” she added.

“If we do that, then we have a potential witch hunt,” said Lefkaditis. “One [illegal business] gives you ground to stand on.”

“How does the board feel about an amnesty program?” he later asked.

“No,” said Barber. Councilman Earl Barcomb said he would have to think over the issue, and so did Councilman Daniel Hanley.

“Can we put this on our next agenda? Because this is not on our agenda for tonight,” said Hanley. “If this is something we’re going to discuss, I’ve got to research it.”

In Guilderland, a permit was created in 2010 for in-home businesses called a “Minor Home Occupation Certification.” Those permitted under this must not have items for sale or repair on their property, or bring clients or customers to their property. The business must take up only a quarter of the home and cannot bear advertising beyond a permitted sign. Republicans on the town board at the time objected to the restrictions in the permit, while others touted it as a way to quell conflicts between in-home businesses and their neighbors.

The Knox Town Board board eventually agreed to provide a link on the town website to the Helderberg Hilltowns Association’s webpage, which provides a list of local businesses.

Highway department joins conversation

Highway Superintendent Gary Salisbury said that the project to fix highway equipment with $608,000 of funds from the Federal Emergency Management Agency was approved and just waiting on a final check from FEMA.

Salisbury asked the board about formulating some sort of plan for the highway garage, whether that be repairs, rebuilding, or sharing services. He asked if there could be a committee formed that included himself and one other member of the highway department.

“You mean expand the existing committee?” asked Lefkaditis, referring to the Climate-Smart Communities Committee, which is a committee pursuing a $100,000 grant from the New York State Energy Research and Development Authority offered when four climate-smart action items are completed. The grant money could be used to insulate the highway garage. Pokorny, who is part of the committee, offered to have Salisbury and one of his workers join.

Lefkaditis suggested creating a specific committee about the highway garage repairs at the next board meeting.

Planning board Chairman Robert Price, who is part of the Climate-Smart Communities Committee, said he had the water from the highway garage tested, and would see results in a week. He also said building companies were willing to meet with the town to discuss upgrading the garage.

Town hall to be used by public

Hanley went over the draft of a plan he had formed to allow public access to the town hall when officials aren’t there.

“It was a giant pain in the neck, because no other towns do it,” he said.

Hanley suggested using a key rental or deposit to allow visitors to enter the building. Key cards can be used to enter the building, and can be easily deactivated should someone not return theirs, he said.

Hanley suggested town Clerk Tara Murphy be responsible to sign out people using the building, and Lefkaditis to approve applications. He also said someone would have to check on the facilities after they were used, and suggested a policy adopted from the Boy Scouts of America, in which at least two adults must be present with a group of children.

The plan must be reviewed by the town attorney, and is scheduled to be approved at the next meeting.

The “Pitchfork People”

During the public-comment period, Linda Carman announced she was starting a group, “The Pitchfork People.” She explained that a letter in The Enterprise had described members of the audience at a Knox meeting as acting as if they had pitchforks in hand due to negative comments.

“We got out pitchforks out and we’re gonna take care of things,” said Carman. “I think it’s for us to take back our town.”

She described newcomers to the area trying to “run the town.”

“So what’s your mission, and what are your objectives?” asked resident Mary Ellen Nagengast. “Besides taking back the town?”

“That’s it,” said Carman.

She said she was selling pins and had signs available.

Other business

In other business, the town board also:

— Heard from Knox Volunteer Fire Chief Bill Vinson about an active-shooter drill to be hosted by the Albany County Sheriff’s Office at the town hall on April 17 from 6 to 8 p.m. Vinson also reminded the audience that there is a statewide burn ban up to May 16;

— Announced that unused items from the maintenance shed will be auctioned off online, and proceeds will go to the town’s general fund;

— Announced that a rabies clinic would be held this summer, with a veterinarian in the audience offering her services;

— Heard from Pokorny that Louis Saddlemire, the town’s maintenance manager and animal-control officer, will need a rowboat to break up three beaver dams. “There’s a really large snapping turtle out there,” said Pokorny;

— Heard from Barcomb that he was still looking for members — particularly women — of an Agricultural Business Committee; he said he didn’t want the committee to be a “boys’ club,”;

— Upgraded the dental plan for highway workers to a mid-option plan through Capital District Physicians Health Plan, which would cover the costs of surgery for which workers were paying thousands of dollars out of pocket; and

— Honored two young people: Emma Detlefsen, an 8-year-old suffering from lymphedema who is lobbying for research on the disease, and Eagle Scout John Todd McGivern for his building of a wheelchair ramp and handicap sign at the Hilltown Senior Center.


Corrected on April 25, 2017: We changed the word "opening" to "closing" in the sentence about businesses established before the 1974 zoning law was adopted. Businesses in a nonconforming area cannot re-establish after closing.

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