TUPPER LAKE — The village of Tupper Lake is investigating the residency of one of its trustees, Eric Shaheen, as he runs for reelection, reviving a perennial election controversy that saw Shaheen accused of not living in the village.

On Monday, trustees tasked village Code Enforcement Officer Peter Edwards with checking on whether Shaheen’s contracting business building, which he uses as his political address, can be a residence or not.

The building is in the village on Park Street. Shaheen also has a house property outside the village, but his Park Street property is listed as his residence and his voter address. Asked Monday, he said he lives there.

On Tuesday, an email from Edwards obtained by the Enterprise shows that he has found that the property is zoned commercial and cannot be used as a residence. It could in the future, if Shaheen were to apply for a use variance, Edwards added in the email.

For years, other political candidates have said Shaheen does not live in the village and is ineligible for a village office. His residency has been brought up each time he’s run since 2020.

“I’m trying to concentrate on the village business,” Shaheen said on Tuesday. “Not this petty stuff.”

He said he had the county sheriff and board of elections at his business four years ago, taking pictures, and that he was deemed in the clear. Shaheen said they’ve got a lot more important issues to focus on in the village.

Barb Denis, who has been attending village board meetings in the past year and is planning to run for an open trustee seat in November, brought up Shaheen’s residency again recently at a Republican caucus.

Trustee David “Haji” Maroun read a statement from Denis at Monday’s meeting. Denis was not able to attend the meeting herself.

In her letter, she claims Shaheen’s alleged residency discrepancy is “common knowledge.”

Denis argues that the Park Street address does not satisfy village residency requirements, since the property is zoned for commercial use, not residential or mixed use. If it is being resided in, she said that is violating village zoning and land use laws.

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The race and a caucus

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Two trustee seats are up for election this year. Trustee Jason McClain is choosing to not run for a third term.

Last week, Tupper Lake Republicans nominated Shaheen and Rick Pickering to represent their party on the Nov. 5 ballot.

Denis threw her hat in the ring, but she did not get enough support at the caucus to get the nomination.

At the caucus, Shaheen, a Republican and the deputy mayor, got 26 votes. Pickering, an independent, got 22. Denis, a Republican, got 16.

The Democrats will caucus on July 25, the last day to hold a caucus for a local election in New York, at 2 p.m. in the Aaron Maddox Hall at 179 Demars Boulevard.

Caucuses must be noticed 10 days ahead of time, and the party got its paperwork in just before the deadline on Monday.

Shaheen said he’s considering going to the Democratic caucus and potentially seeking that party line. The Enterprise was not able to reach Pickering to about if he plans to attend this caucus.

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Residency row resumes

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Recently, the nearby Saranac Lake mayor’s residency has been questioned and members of the public have called for his seat to be vacated. Former Tupper Lake Mayor Paul Maroun also had the same questions about his residency brought up in the past.

There is a common factor between all of these cases. A politician owns two properties — one inside the municipality they’re seeking to represent, and one outside. They use the one inside as their voting and political address, but members of the public or political opponents contest that they actually live at the property outside the municipality.

Denis says this case is different, since Shaheen’s village address is not zoned as a residence.

Martin Connor, an election lawyer and former state senator of 30 years, told the Enterprise if the building is just a commercial building, that is not allowed. It needs a place to sleep, eat and possibly a place for some clothes hanging up, he said — even if only for two nights a week.

Denis requested the village either enforce the code that the building cannot be used as a dwelling or that Shaheen cease commercial operations there.

“Shaheen is perpetrating a fraud upon the community by claiming his business to meet residency requirements,” she wrote.

Shaheen said other current village trustees and the former mayor have done similar things in the past and felt there’s a double-standard in when the issue is brought up.

“I mean we had a mayor that served for 12 years on the board in the town,” he said at the meeting on Monday.

Former Mayor Paul Maroun owned property in the town and in the village and spent time at both.

Shaheen also mentioned that Haji Maroun lived for two years outside of the village.

“But I got out,” Haji said. “I was in a year, and then I got out.”

He resigned from his position on the village board after the first year, after the issue of Shaheen’s residency was brought up the first time in 2020, and he ran for office again after he moved back into the village.

“I guess I could just move into one of my residences,” Shaheen said. “I’ll change my legal residence to one of my village buildings I own.”

Haji Maroun made a motion to have Edwards investigate Shaheen’s property and Trustee Leon Leblanc seconded it.

Shaheen abstained from the vote. Mayor Mary Fontana did not vote, since she only needs to in a tie.

Haji Maroun, Leblanc and McClain voted to approve the motion.

McClain said Shaheen is a member of the Tupper Lake community, and serves the community in many ways. He feels the residency issue is pervasive in New York, and that these situations are allowed.

“It’s fought everywhere and no one is winning,” McClain said. “It’s a fight that’s never getting won.”

Leblanc said Shaheen is not legally allowed to be sitting on the board. Fontana said it is not the village’s authority to determine that.

“This board does not have the authority to make determinations based on someone’s legal residence or voter registration status,” she said.

She said after Edwards’ investigation she would reach out to state and county to see how to move forward.

“Let’s just move on and take care of the taxpayers in the community,” Shaheen said on Tuesday.

He said the village is in “financial despair” and has been for years.

“It’s going to come to a point when the people of this community can’t afford to live here,” Shaheen said.

He doesn’t see new revenue coming to the village, and said he’s a candidate who knows they can’t keep spending and raising taxes like in the past. But he said he doesn’t know where to cut in next year’s budget. The board struggled to put out its current budget this spring.

The deadline to get on the ballot as an independent candidate passed several months ago. Conservative Party Chair Tim Larkin said his party does not have plans for a caucus currently.

After the Democratic caucus, the ballot for the election will likely be set.

Each seat holds a two-year term. The general election will be on Nov. 5.

To read more about Shaheen and Pickering’s candidacy, as well as the residency controversy, go to tinyurl.com/5b3cdbsu.