Daily Gazette

Clifton Park business owner being sued by town
Thursday, January 8, 2009

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— The town has filed a lawsuit against a local business owner who was granted a permit for a seasonal farm stand, but has expanded its operation beyond what is allowed, according to town officials.

The suit was filed in Saratoga County Supreme Court by the town against Sam Paquin and Upstate Waste Reduction Services and Paquin’s Mulch.

In July, the Planning Board granted Upstate Waste Reduction Services a permit to operate a farm stand on the small irregularly shaped lot and issued a seasonal, 60-to-90-day-per-year permit for the property on Route 9 near Clifton Park Village Road and the Holiday Inn Express, according to Town Attorney Thomas McCarthy.

McCarthy said Paquin has “gone beyond approvals” and paved over a large section of the lot and parked construction vehicles on the property, causing more of an adverse impact than either board expected.

Large blocks of firewood and sections of wood pallets are also stored on the property for sale, Mc-Carthy said.

The town has received several complaints about the property and code enforcement officers were concerned because the visual impact from the small seasonal business is not what Paquin presented to the zoning or planning boards, McCarthy said.

But Paquin said on Wednesday he is being targeted by town officials. He said Upstate Waste is owned by his girlfriend, but he is the company spokesman. “This is crazy,” said Paquin. “It’s been one nightmare after another.”

Paquin's position is that the company applied to sell farm-related products and retail products, which includes mulch, firewood and bedding plants, and now town offi cials say nothing can be sold but farm produce. “Why would we limit ourselves to just vegetables?” he asked.

He said the land is zoned B-4 commercial, which allows the sale of retail products.

“The town is trying to say we don’t have approval. The paperwork filed says it’s a farm stand and all related farm products can be sold and anything in a retail sales category,” Paquin said, vowing to fight the town in court.

According to the lawsuit, photos taken on Dec. 2 “show unsightly, incompatible industrial type storage use, constituting adverse aesthetic and traffic impacts wholly and completely inconsistent with the written application and verbal representation made before the Town’s Code enforcement offi cer, planning board and ZBA.”

The town is seeking $691.54 in application fees, a permanent injunction and unspecified money damages.

“If the town let this go and referred it to a local court, the only recourse would be a ticket and fi ne. The property is unsightly, it’s not in character with drawings or the site plan,” McCarthy said.


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