Wednesday, April 15, Zoning Board Approved Meeting Minutes
(Note – Several months went by with no board meeting. These board approved these minutes at its October meeting)
Wednesday, April 15th, 2026
Call to Order at 7:00 PM
Pledge of Allegiance
Roll Call:
James Falvo, Chair – Present
James Francesconi, Vice Chair – Present
James Akey – Absent
Terry Aubin, Jr. – Present
Lucas Tooker – Present
Duane Bibeau, Codes Officer – Present
Matthew Favro, Esq. – Absent
Approval of December, 2025 Minutes
Comments: James Falvo, Chair, shared the minutes from the last meeting with the Board.
Mr. Falvo asked if the other Board Members had any changes, correction, deletions or additions. The Board Members did not have any suggestions on this matter.
Motion: Terry Aubin, Jr. made a motion to approve the minutes as submitted. The motion was seconded by Lucas Tooker and the motion carried with 4 votes.
Roll Call: Lucas Tooker – Y ; Terry Aubin, Jr. – Y ; James Francesconi, Vice Chair – Y ; James Falvo, Chair – Y
Open Floor to Public Hearing
Mr. Falvo opened the meeting up to public comment, but there was no one from the public at this meeting.
Applications:
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File # Z-2026-111 – Area Variance – Myles Tallada at 771 Bear Swamp Road – Parcel ID# 280.-1-28.2 – Requesting to remove an existing 10’X10′ shed and replace with a new 14’X30′ shed that will encroach 10 ft. into the required 15 ft. side yard setback with only 5 ft. provided.
(Not verbatim) Duane Bibeau, Codes Officer, said the current shed is in disarray and it encroaches on a right of way. It was determined that this application needed to be amended because the applicant has a corner lot, which means he actually has 2 front setbacks and 2 rear setbacks, rather than side setbacks.
The proposed shed is A-frame style and will have siding that matches the home. The Board asked for more measurements of the proposed project, so Mr. Tallada asked the Board for a few moments allowing him to run home and take the measurements they needed.
Motion: James Falvo motioned to amend the application discussion order. Terry Aubin seconded the motion and it carried with 4 votes.
Roll Call: Lucas Tooker – Y ; Terry Aubin, Jr. – Y ; James Francesconi, Vice Chair – Y ; James Falvo, Chair – Y
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File # Z-2026-112 –Commercial Special Use Permit – Justin & Kristie Hugus at 741 Allen Hill Rd. – Parcel ID#s 290.-1-26.21 (& 302.-1-11) – Owners seek to engage in agri-business, including events that promote the sale of agricultural products, weddings, and auctions. Requesting a Site Plan Review and Commercial Special Use Permit.
(Not verbatim) This board needs a majority plus 1 to approve this request because it was disapproved by the Clinton County Planning Board. Scott Allen, representing the applicants, asked the Zoning Board to table this file since there was a board member missing. The applicants plan to resubmit their file to the Clinton County planning board, in hopes they can get approved. After much back and forth conversation about the allowed uses in the APA, the applicants decided to focus on the 3D archery events as a major home based occupation. This direction will still require a site plan review from the Town of Peru Planning Board, but eliminates the need for a special use permit from the Zoning Board. The applicants decided to withdraw their current application to the Zoning Board at this time.
Mr. Falvo opened up the meeting to public comment, but there was none. Mr. Falvo closed the public hearing portion of the meeting for this matter.
Motion: James Falvo motioned to withdraw current Zoning Board application (File Z-2026-112). James Francesconi seconded the motion and the motion carried with 4 votes.
Roll Call: Lucas Tooker – Y ; Terry Aubin, Jr. – Y ; James Francesconi, Vice Chair – Y ; James Falvo, Chair – Y
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File # Z-2026-111 – Area Variance – Myles Tallada at 771 Bear Swamp Road – Parcel ID# 280.-1-28.2 – Requesting to remove an existing 10’X10′ shed and replace with a new 14’X30′ shed that will encroach 10 ft. into the required 15 ft. side yard setback with only 5 ft. provided. Continued….
(Not verbatim) Mr. Tallada came back to the meeting with the requested measurements for his project. He said there would be 14 feet from the back of his property and 5 feet from the side (not 10 feet, as was stated on his application). The side set back needs to be 25 feet (not 15 feet, as stated in the application). His lot is .35 acres and the current shed on his property never got a permit or ruling of any sort from what we can see, so the Board cannot simply grant a continuance. According to the Peru Zoning Ordinance, class 1 of section 211 “RES” Residential, the home owner can only have max lot coverage of 30% total. Given the size of the house and garage, a 14’X30’ shed would put the applicant over the max coverage limit. With that being said, the applicant decided to withdraw his application at this time. He also stated he would like his building permit application fee refunded to him. Duane Bibeau told him to stop into the Codes Office Monday through Friday 9a-3p to fill out the refund request sheet.
Mr. Falvo opened the meeting for public comment, but there was none. Mr. Falvo closed the public hearing portion of the meeting for this matter.
Motion: James Falvo motioned to withdraw Myles Tallada’s application (File # Z-2026-111). Terry Aubin, Jr. seconded the motion and the motion carried with 4 votes.
Roll Call: Lucas Tooker – Y ; Terry Aubin, Jr. – Y ; James Francesconi, Vice Chair – Y ; James Falvo, Chair – Y
Any Further Business
James Falvo asked Duane Bibeau and Taylor Jo Swan to introduce themselves to the Zoning Board Members. Duane Bibeau is the new Code’s Officer for the Town of Peru and Taylor Jo Swan is his secretary.
CEO Report
March 2026:
· 9 Building Permits issued
· $1,275.00 in fees collected
· Attended Town Board, Planning Board and ZBA Meetings
· Received 2 Planning Board Applications
· Received 1 Zoning Board Applications
· 3 Certificates of Compliance issued
· Continued inspections on open permits
· Review of plans for new construction
· Met with applicants on future construction projects
· Phone calls with applicants, engineers and architects for future projects
· Returned emails regarding future projects
· Issued 1 Order to Remedy violations
· Issued 1 Letter of Intent, 2 Safety Issue Letters, 1 Stop Work Order
· Completed 3 Annual Inspections
· Continued classes for required current trainings
· Completed and submitted the 2025 Annual NYS Codes Admin Report
James Falvo asked the Board Members if they had any questions or concerns about the CEO report for March 2026. The Board Members had no questions or concerns at this time.
Motion: James Falvo motioned to approve and accept the CEO report as submitted. James Francesconi seconded the motion and the motion carried with 4 votes.
Roll Call: Lucas Tooker – Y ; Terry Aubin, Jr. – Y ; James Francesconi, Vice Chair – Y ; James Falvo, Chair – Y
Adjournment
Motion: James Falvo motioned to adjourn the meeting at 8:35 PM. Terry Aubin, Jr. seconded the motion and the motion carried with 4 votes.
Roll Call: Lucas Tooker – Y ; Terry Aubin, Jr. – Y ; James Francesconi, Vice Chair – Y ; James Falvo, Chair – Y
Taylor Jo Swan
Taylor Swan
Codes & Zoning Secretary
Town of Peru, NY
3036 Main Street
Peru, NY 12972
(518)-643-2745 Ext. 106
Posted: November 5th, 2026 under Business News, General News, Peru News, Zoning Board News.