Town of Marbletown

3775 Main Street

Stone Ridge, New York 12484

 

DOWNLOAD THESE ACTIONS:  062514 ZBA Minutes of Official Actions

 

Zoning Board of Appeals

Monthly Meeting

June 25, 2014

 

DRAFT Official Minutes

 

 

Attendees:

  • Present: Members Will Husta, Chair; Brian Taylor, Paris Perry, Alternate Kathie Grambling
  • Absent: Member-Dan Proctor, Mark Knudsen; Alternates Dottie Pismopulos, Diane Silverberg

 

  • Consultants Present: None

 

  • Applicants:

-Hopped Up Café’ – Business Owners Bernadette Feltz, Jake Feltz and Patty Lowden

Property Owner: Jane Simos as JCG Properties, LLC

-Jim Terwilliger-Property Owner and Dawn Deevy Business Proprietor

 

Agenda:

  • Public Hearing: Hopped Up Café’ re Appeal of CEO Determination re Zoning Business Uses
  • New Business: Jim Terwilliger and Dawn Deevy re convert single family residence into 2 family and allow in-home overnight dog sitting business in one of the units
  • Letter: Dawn Deevy request for extension of Time to locate a property to move dog sitting business to

 

 

Meeting Summary:

Chairman Husta called the meeting to order at 7:05PM and read the Agenda into the record.

Chairman Husta stated Alternate Member Kathie Grambling would be acting for Mark Knudsen on all cases tonight.

 

Old Business: None

 

New Business: Jim Terwilliger and Dawn Deevy-Special Use Permits

 

Chairman Husta opened the Hopped Up Café’ Public Hearing with the Pledge of Allegiance.

 

Appeal of CEO’s determination of classification of additional Business Uses 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-Use Table Sec 200:8/Pg 200:17 Food Services & Drinking Establishments (NAICS 722); Sec 200-67/Pg 200:79 Certificate of Occupancy; Sec 200-73/Pg 200:86 Appeals; Sec 200-75/Pg 200:88 Special Use Permits.

 

Applicants submitted a revised floor plan broken down into square footage by use; a revised parking plan based on that square footage that they allege complies with section 200-39 of the Zoning Law; a breakdown of their percentage of sales by type; and an application for a Special Use Permit to be allowed to operate a Limited Service Eating & Drinking Establishment at the property located at 2303 Lucas Avenue.

At the meeting, Applicants submitted a copy of their Certificate of Compliance for their Fire Inspection from 2012 signed by CEO VanKleeck

Applicants Bernadette Feltz, Jake Feltz and Patty Lowden summarized their input and answered the following questions from the Board:

-Is the $1634 figure for alcohol sales slightly inflated due to sale of growlers

-Is the food figure on-site sales only

-Does the beverage figure include non-alcoholic sales as well

-Is the alcohol sold on premises less than half of total sold

 

Public Comments were made by the following people:

-Jane Simos

-Kim Manse

Motions:

Kathie Grambling motioned to continue public hearing for document input until July 23, 2014 ZBA meeting; Brian Taylor seconded the motion which was then called to a vote:

  • Will Husta-Aye
  • Brian Taylor-Aye
  • Mark Knudsen-Absent
  • Kathie Grambling (Alternate)-Aye
  • Dan Proctor-Absent
  • Paris Perry-Aye

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

 

Board and Applicants conducted an overview of requirements for the Special Use Permit Application process. Prior to being able to schedule the required public hearing, the Board will need the following information:

  1. A completed Short Environmental Assessment form.
  2. Verification from UC Highway that permit # 420 issued to Sidney Reiss on January 3, 1980 is still valid, all conditions from it have been met and that no changes are required from UC Highway based on your current parking plan.
  3. Sign off from NYSDOT for the exit. In particular, but not limited to: proposed bridge replacement project related to your parking and in general are there requirements for the exit onto Rte 213.
  4. Location of existing septic and well.
  5. Notarized letter from Jane allowing Hopped Up Café to represent the application.
  6. Check in the Amount of 150.00 payable to the Town of Marbletown.

 

No official actions were taken in regard to this application

 

New Business:

Special Use Permit initial application request by Jim Terwilliger, Property Owner and Dawn Deevy, Co-Applicant, to be allowed to convert Mr.Terwilliger’s existing 4 bedroom single family house located at 10 Old US HWY 209 into a 2 family house and allow an overnight in-house dog sitting business in one of the units. The 1.61 acre property is located in the B-2 zoning district at tax map number 69.2-2-8. Neighbors within 500’ of the perimeter of the property were notified the application would be on tonight’s Agenda for initial review. No neighbors were present.

Mr. Terwilliger and Ms. Deevy described the requests, which they believe would necessitate a variance of 0.39 acres from the Board in order to be approved. All of the proposed uses will occur totally within the existing structure with no new construction except for a fence for the dog sitting business. The fence is proposed to be located 312 feet or greater from any existing structure.

Motions:

Paris Perry motioned to schedule a public hearing for the July 23, 2014 ZBA meeting to consider the Area Variance request and run the public hearing for the 2 family and overnight dog sitting business concurrent with the Area Variance public Hearing; Kathie Grambling seconded to motion which was then called to a vote:

  • Will Husta-Aye
  • Brian Taylor-Aye
  • Mark Knudsen-Absent
  • Kathie Grambling (Alternate)-Aye
  • Dan Proctor-Absent
  • Paris Perry-Aye

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

 

Deevy Update:

As required by the ZBA in an official action at the May 2014 meeting, Ms. Deevy was present to update the Boar5d on her request for an extension to continue her overnight dog sitting business at 4009 Atwood Rd. Ms. Deevy stated that since May 2013, she has conducted the following searches to locate a property to move her overnight dog sitting business to: 13 possible listings to purchase from her real estate agent; four for sale by owner; 56 possible rentals in Olive, Marbletown, Rochester, Rosendale, Saugerties and Hurley that were recommended to her as a response to her ad that ran in every issue of the Bluestone Press, her flyers and her email campaign. None of these worked largely due to location in the wrong zoning district or owners not being willing to hold rentals vacant while zoning permit was applied for. On June 11, 2014, Applicant filed a joint application with property owner in Marbletown, Jim Terwilliger. They are applying to convert Mr. Terwilliger’s existing single family house on 1.61 acres in B-2 zoning into a two family house which applicant would rent and run her overnight dog sitting business in. This application requires issuance of a Special Use Permit and possible Density Variance from the ZBA.

 

 

 

Motions:

In regard to Applicant’s request for an extension to continue her overnight dog sitting business at 4009 Atwood Rd. at a regular meeting of the ZBA, it was motioned by Paris Perry and seconded by Kathie Grambling to grant Applicant a 90 day extension with conditions while the joint application with Jim Terwilliger is processed. Conditions: 1. remove existing sign at 4009 Atwood Rd upon receipt of this decision. 2. dogs will not be in fenced area longer than 30 minutes three times a day and shall always be supervised 3. reduce number of dogs allowed from 10 to no more than seven at any time 4. continue to manage barking 5. continue to remove feces daily  Vote:

  • Will Husta-Aye
  • Brian Taylor-Aye
  • Mark Knudsen-Absent
  • Kathie Grambling (Alternate)-Aye
  • Dan Proctor-Absent
  • Paris Perry-Aye

 

Motion carried by a vote of four ayes; zero nays; three absent; zero abstentions

Extension expires on September 22, 2014
Brian Taylor motioned to adjourn the meeting; Paris Perry seconded. The motion was called to a vote, which was as follows:

  • Will Husta-Aye
  • Brian Taylor-Aye
  • Mark Knudsen-Absent
  • Kathie Grambling (Alternate)-Aye
  • Dan Proctor-Absent
  • Paris Perry-Aye

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

 

Meeting adjourned 10:15PM

Respectfully submitted,

 

Maggie Colan ZBA Secretary