You all can debate it until the cows come home. Its all academic. The OP needs to get an attorney well versed in real estate, preferably with an emphasis on commercial development, and from the local area. Until all the requirements are known from city,township,county,state,federal etc., and what has to be done is known to cross the T's and dot the I's locally, you may as well discuss ST tires or fridge leveling. It may be nothing more than the OP proceeding and keeping his mouth shut but I highly doubt that anywhere in NY. Then they'll have to appease the NIMBYs.