Town of Marbletown Zoning Board of Appeals Minutes with case narratives of

Monthly Meeting on Wednesday, April 23, 2014 at 7:00 PM

Held at Town Hall: 3775 Main Street

Download these Minutes here: ZBA Minutes

Members Present: Will Husta, Chairman; Brian Taylor, Mark Knudsen, Alternate-Diane Silverberg

Absent: Members-Dan Proctor, Paris Perry

Alternates Not Present-Dottie Pismopulos and Kathie Grambling

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 for Dottie Pismopulos on all cases tonight.

Consultants Present: Larry Wolinsky, Esq.

Old Application:

None

New Application:

  1. Appeal of CEO’s determination of classification as a restaurant and drinking establishment at 2303 Lucas Avenue in the B-2 zoning district at tax map number 70.9-2-22. Applicable Regulations-200:8; 200:73.

Owner: JCG Properties, LLC. Applicants: Hopped Up Café

Need and/or Update- Need: revised parking plan; SEQRA classification

Applicants Bernadette Feltz, Jake Feltz and Patty Lowden were present to represent the file.

Applicant Statement: Applicants stated that they feel the CEO mis-represented the focus, scope and use of the establishment they have been running in the building located at 2303 Lucas Tpke. since 2012. The CEO has classified the establishment in his violation to the owner as ‘limited-service establishment, restaurant and drinking place’.

Applicants feel the violation was served without any interviews of the owner and/or its lessees and no formal review of the use was conducted prior to shutting down a business that had been in operation without complaints or violations since 2012. The CEO had never been in the building when it was open to assess the use. It is our understanding that there was only 1 complaint. We obtained a copy of the complaint through a FOIL request. The evidence in the complaint was shocking and un-founded in regard to zoning and use of the building and how they operate. Part of the complaint questioned whether they have enough parking by saying “they have at most 4 spaces.” We are submitting tonight a scaled drawing showing we comply with the parking requirements in the Zoning Law.

Member Question/Comment Applicant Response
Mark Knudsen When did you begin July 2012
Mark Knudsen Has there been any change in your operation since then No, nor from previous operation
Mark Knudsen What do you do We create small plates of locally grown food, we sell specialty beers both in 6 packs and at a point of service while people are eating. We operate under NYS Ag & Markets and the NYS Liquor Authority. We had an inspection in March 2014 and were in total compliance with our Ag & Markets permit
Brian Taylor What are your hours of operation Wed. Noon-9; Fri & Sat-Noon-11PM; Mon. Noon-8PM
Mark Knudsen What percentage of your operation is the deli/food service Under our Ag & Markets permit, we are required to show at least 51% of our sales comes from the Ag and Markets related products, which we prove to Ag & Markets
Will Husta What does the 51% include Yams, beer(high end craft beers) sausages, etc. Everything we sell comes from the Hudson Valley. We sell loaves of bread and a picnic basket
Mark Knudsen Have there been other complaints or is this the time When the owner of Jake’s Auto came to us a year ago asking that our patrons not use their parking lot, we put up a sign stating to not park there, which we submitted a copy of
Diane Silverberg How many parking spaces do you have 18 designated to Hopped Up, 1 of which is handicap
Mark Knudsen How many seats do you have for customers We have 16 in the dining area. The back area displays and sells local artist’s works. We plan to put up more shelving for this purpose
Diane Silverberg What is the building occupancy maximum The C/O states 49 people
Will Husta What is the sq. footage of customer floor area Upstairs there are 2 apartments with 1 or 2 bedrooms and the rear of the building is a frame shop
Mark Knudsen In your submission, you stated you are no longer allowed to do certain things When the owner(Jane Simos) received the violation notice she reached out to the CEO. He stated we could sell six packs of beer and egg sandwiches, but nothing else. He wanted everything on-site to be packaged with nothing served on-site or be subject to a $250.00/day fine
Diane Silverberg How are you preparing things Everything comes to us smoked already. We have a small kitchen. Ag & Markets has very specific requirements about food processing under this license. We use a microwave, a griddle and a toaster oven. We don’t use any gas or oil or open flame because there is no hood system. We don’t handle any raw meats.

Larry Wolinsky, Esq. stated the Appeal of the CEO’s determination and the potential need for a SUP are two separate applications. It is my understanding at this time, an application for a Special Use Permit has not been submitted, so while there are issues that may apply to both. In regard to the Appeal, at the Public Hearing, it will be the Appellants burden to demonstrate how the CEO was wrong in the determination he made. In the interim, the Board will have the ability to confer with the CEO.

Public Comments

Dick Stokes-If the Town is going after this business because of parking, they have to deal with every other business like the Egg’s Nest. All of High Falls has limited parking. If people are parking illegally at Jake’s that is a matter for the police, not the Town/Zoning

Georgina-There are other problems with parking in High Falls. Look at the Flea Market on Sundays. They park all along Rte 213. The Town is growing which is a good thing.

Dick Stokes-This is not meant to be negative. To be fair, not all the businesses in High Falls have a parking problem

Additional Questions/Comments

Person Statement/Question Answer
Bernadette Feltz At the public hearing, can the public speak Will Husta- At the public hearing, the Applicants will present, the Board will comment/question, then the public will speak

Motions

Mark Knudsen motioned to schedule the public hearing for Wednesday, May 28, 2014 and the Secretary should post all applicable notices; Brian Taylor seconded. The motion was called to a vote, which was as follows:

Will Husta-Aye

Brian Taylor-Aye

Mark Knudsen-Aye

Diane Silverberg(Alternate)-Aye

Dan Proctor-Absent

Paris Perry-Absent

The motion was thereupon adopted by a vote of four ayes; 0 nays with no abstentions and 2 members absent

Mark Knudsen motioned to classify the Appeal as a Type II action under SEQRA; Diane Silverberg seconded the motion. The motion was called to a vote, which was as follows:

Will Husta-Aye

Brian Taylor-Aye

Mark Knudsen-Aye

Diane Silverberg(Alternate)-Aye

Dan Proctor-Absent

Paris Perry-Absent

The motion was thereupon adopted by a vote of four ayes; 0 nays with no abstentions and 2 members absent

Larry Wolinsky, Esq. left the meeting at 7:30PM

Public Hearing: None

Action Items:

1. Novi lead Agency request from T/O Marbletown Planning Board

The ZBA received a lead Agency request under SEQRA from the T/O Marbletown Planning Board request they be the Lead Agency for SEQRA for a 2 lot sub-division of lands belonging to John Novi. The Planning Board classified the action a Type I due to its location within a designated Historic District. The letter also served as a referral to the ZBA for potential Area Variance the property owner will likely need

Motions:

Mark Knudsen motioned to allow the Town of Marbletown to be the Lead Agency under SEQRA for the 2 lot sub-division; Brian Taylor seconded the motion.. The motion was called to a vote, which was as follows:

Will Husta-Aye

Brian Taylor-Aye

Mark Knudsen-Aye

Diane Silverberg(Alternate)-Aye

Dan Proctor-Absent

Paris Perry-Absent

The motion was thereupon adopted by a vote of four ayes; 0 nays with no abstentions and 2 members absent

Mark Knudsen motioned to adjourn the meeting; Brian Taylor seconded the motion. . The motion was called to a vote, which was as follows:

Will Husta-Aye

Brian Taylor-Aye

Mark Knudsen-Aye

Diane Silverberg(Alternate)-Aye

Dan Proctor-Absent

Paris Perry-Absent

The motion was thereupon adopted by a vote of four ayes; 0 nays with no abstentions and 2 members absent

Meeting was adjourned at 7:45PM.

Respectfully Submitted,

Maggie Colan, Secretary