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Regular Meeting 21 May 14, 2026 qualifies, this qualifies as a family. But I also want to focus on the fact that one clear premise of zoning is it has to be based on by the use not the occupants and what I have heard again and again I am starting to hear tonight and I’ve heard in connection with previous meetings of both Planning Board and other Boards is focused on who these people are meaning we don’t want them here, we don’t want these people here, we don’t want this, we don’t want that. This decision must be based on the code. It’s not simply on a popularity contest as hey raise your hand if you support this now raise your hand if you are against this. We are going to rely on in terms of our position. I also want to make clear that each and every document that we have previously submitted to this board is part of the record. We did make a very detailed Special Use Application based on the direction we received from the town and the town code sets forth the criteria that governs it. Again, it is governed by very specific criteria, and I want to talk about those criteria’s quickly. In the context of this, so some of you the people I know on the Town Board, are familiar with this there are various land use approvals, there’s Variances, Rezonings, Special Use Permits, there Sub-Divisions. A Special Use Permit is clearly distinguishable from the other approvals. Basically what the case law says when a zoning law lists a permitted use allowed by a Special Use Permit it is catamount to a legislative finding that the permitted use is in harmony with the general zoning plan and will not adversely affect the neighborhood, meaning once a town has decided and it wasn’t this Town Board it was a predecessor Town Board at some point has decided this qualifies, they basically made the determination it is an allowed use as long as you meet the criteria set forth in the Zoning Code and what are those criteria’s? There is four criteria’s specifically spelled out in the Zoning Code. The first one is as follows: the proposed Special Use is consistent with the general intent of the towns Comprehensive Plan with each of the specific purposes as set forth of article one herein. That section of the Zoning Code and Comprehensive Plan basically says the goals of the Town of Marilla are to maintain a continuing covenant directed to the preservation of sound residential neighborhoods the elimination of light and/or deteriorating conditions. This housing does not conflict with that goal. Basically, there are no improvements being made to the property and the house is already more than 5,000 square feet, it’s ten acres in size, it greatly exceeds all setbacks required, it greatly is lower than the lot required, it meets that criteria. While the housing by be different than what many are used to it is non the less housing. It is individuals residing together at a single location as a single housekeeping. Because the property is so large, ten acres in size the density is one person, one female person per acre. This is not a high-density project. The second criteria is the location and size use of the structures involved nature intensity of the operations involved in the size and layout of the site relation of the proposed Special Use are such that will be compatible orderly development of the use district. This site is properly zoned. Again, there are no changes, this house was formally utilized as a Bed n Breakfast, this is not a new facility, we are not building a large building here, commercial building, we are simply using the house as it is there today. The house that is under contract with the Hein Foundation. The third criteria the operation of the proposed Special Use is not more objectionable to the uses of nearby properties by reason of dust or smoke emission, noise, odors, fumes, pollution of air or water including subsurface waters, unsightliness or similar conditions. That would be the operation of end permitted use. The proposed use does not involve any of those adverse impacts. Most of those potential adverse impacts would apply to something that is more industrial or manufacturing in nature, when you think dust, smoke, noise, odors, fumes, pollution, etc., etc. So, we meet that criteria. The four criteria of the code, the proposed Special Use, satisfies each and every all standard conditions specified by such Special Use by the relevant all the provisions of this article. We meet those. I do want to know two important things that this board has the power to do. The board does have the ability to impose reasonable conditions. They certainly have that ability. I acknowledge that, that is a matter of New York State and Town Law and as well as section 700-46B of the Zoning Code and it’s also true that Special Use Permits are only valid for a period of one year, that is based on the code and the reason that is important is all this conjecture, all these problems that are going to occur, we don’t believe that is the case. This has to get reviewed by the Town Board again meaning you know I don’t know why everyone doesn’t believe that based on all the representations we have made all the conditions we are proposing in connection with this Use that’s going to be such a bad thing. Is it different, again then what many people are used to? Yes, there is not denying that fact. The other thing I want to mention is that the Zoning Board, in connection with it’s homework did pose a series of conditions. We are fine with all those conditions, but I want to review what they are very very quickly. These are right from the resolution that they adopted on September 10th of last year. Condition number one: The number of allowed residents will be ten. This will be