Town of Marbletown Zoning Board of Appeals official actions of

                        Monthly Meeting on Wednesday, February 26, 2014 at 7:00 PM

 Held at Town Hall: 3775 Main Street

 

Download these Actions:    Zoning Board Official Actions

Members Present: Will Husta, Chairman; Paris Perry; Diane Silverberg, Mark Knudsen

Absent: Dottie Pismopulos; Kathie Grambling, Dan Proctor, Brian Taylor

Chairman Husta called the meeting to order at 7:06PM and read the Agenda into the record.

Chairman Husta stated Alternate Member Diane Silverberg would be acting as Brian Taylor on all cases tonight.

 

Old Application:

None

New Application:

None.

 

Chairman Husta opened the Public Hearings with the Pledge of Allegiance

Public Hearing:

Nerone,Jenifer – SUP for Chickens at 486 Mohonk Rd in the A-4 zoning district at tax map number 78.1-1-9.

Official Actions:

 

-Member Paris Perry motioned to accept as complete, the list of items in the public record as presented in the meeting; member Mark Knudsen seconded the motion

Vote: Will Husta-Aye; Paris Perry-Aye; Diane Silverberg-Aye, Mark Knudsen-Aye

Absent: Dottie Pismopulos; Kathie Grambling, Dan Proctor, Brian Taylor

The motion was thereupon adopted by a vote of 4 ayes, 0 nays, 0 abstentions, 4 absent

 

-Member Diane Silverberg motioned to close the public hearing; member Mark Knudsen seconded the motion

Vote: Will Husta-Aye; Paris Perry-Aye; Diane Silverberg-Aye, Mark Knudsen-Aye

Absent: Dottie Pismopulos; Kathie Grambling, Dan Proctor, Brian Taylor

The motion was thereupon adopted by a vote of 4 ayes, 0 nays, 0 abstentions, 4 absent

DETERMINATION:  At the regular meeting of the Zoning Board of Appeals on February 26, 2014 it was motioned by Mark Knudsen that in reviewing the use and location of structures, the Zoning Board determined that the buildings and fencing existed since the late 1980s and the fowl use existed prior to the change in Agricultural regulations in April 2003. Therefore based on section V.A.9 in the 1986 version of the Zoning Law, the use is a pre-existing non-conforming use and the buildings are pre-existing non-conforming and no special use permit is required. This matter is referred back to the CEO with recommendations to mitigate the formal complaints; Diane Silverberg seconded the motion

The vote was as follows…

Will Husta – Aye

Brian Taylor- Absent

Dan Proctor – Absent

Diane Silverberg – Aye

Dottie Pismopulos – Absent

Mark Knudsen – Aye

Paris Perry Aye

Kathie Grambling – Absent

 

The Interpretation was approved by a vote of 4 ayes, 0 nays, 0 abstentions and 4 absent.

Resolution of the complaint is referred to the CEO with the following suggested recommendations/requirements:

  1.    No new fowl that crow are permitted.

      2.    Existing roosters that crow must be removed from the property within 3 months

      3.  The manure pile will be covered by a brown tarp except when adding or removing material in order to keep rain water out which creates odors.

  1. The pile      will also be mixed with lime, charcoal and other organic matter to form a      compost pile.
  2. The manure      pile will remain 200ft from all streets and property lines

Action items:

Dawn Deevy SUP denial extension request-

Official Actions:

-Member Paris Perry motioned to grant a third extension on the condition placed by the ZBA in their Determination from May 2013: All dog-boarding activities shall terminate and all evidence of the dog boarding business shall be removed no later than 90 days from the date this decision  is filed. The new deadline for termination of use is May 31, 2014; Member Mark Knudsen seconded the motion;

Vote: Will Husta-Aye; Paris Perry-Aye; Diane Silverberg-Aye, Mark Knudsen-Aye

Absent: Dottie Pismopulos; Kathie Grambling, Dan Proctor, Brian Taylor

The motion was thereupon adopted by a vote of 4 ayes, 0 nays, 0 abstentions, 4 absent

 

Member Diane Silverberg left the meeting at 9:00 PM

 

Member Paris Perry motioned to adjourn the meeting; member Mark Knudsen  seconded

Vote: Will Husta-Aye; Paris Perry-Aye, Mark Knudsen-Aye

Absent: Dottie Pismopulos; Kathie Grambling, Dan Proctor, Brian Taylor, Diane Silverberg

The motion was thereupon adopted by a vote of 4 ayes, 0 nays, 0 abstentions, 5 absent

 

Meeting adjourned at 9:15PM

Respectfully Submitted,

Maggie Colan, Zoning Board of Appeals Secretary