Zoning Board of Appeals
1795 Route 9
Germantown, New York 12526
December 18, 2019
The meeting opened at 7:30 pm. The meeting started with a salute to the flag. Members attending were Hank Himelright, Luke Kumburis, Don Van Wagner, Phyllis Heiko and alternate Ben Peacock for John Rusconi. Matthew Griesemer, Attorney for the Town, was also present.
Hank Himelright asked if anyone had any additions, corrections or omissions to the minutes of the last meeting, October 23, 2019, as well as the minutes from the Joint Public Hearing held November 13 with the Planning Board. The ZBA did not hold a November meeting. A motion to approve the October minutes was made by Don Van Wagner, seconded by Ben Peacock. All in favor. So carried. A motion to approve the minutes from he Joint Public Hearing was made by Luke Kumburis, seconded by Ben Peacock. All in favor. So carried.
Motion to open an extension of the Public Hearing for Joyful Acres for the purpose of reading letters from the additional 5 days extension was made by Don Van Wagner, seconded by Phyllis Heiko. All in favor. So carried.
Matthew Griesemer read a portion of the letters submitted by residents during the 10 day extension regarding Joyful Acres. Motion to add the additional letters to the record was made by Phyllis Heiko, seconded by Don Van Wagner. Motion to close the Public Hearing was made by Phyllis Heiko, seconded by Luke Kumburis. All in favor. So carried.
Shane and Janet Cook, 316 Commons Road, Tax ID# 192.-1.33.112, came before the Board seeking an area variance for an Accessory Structure, a detached garage. A 10 foot setback is required. The applicant is seeking to a set back of 2.3 feet. Motion to accept the application was made by Don Van Wagner, seconded by Ben Peacock. All in favor. So carried. The application fee of $100.00 and escrow fee of $250.00 was paid. Motion to conduct a site visit after January 1, 2020 was made by Don Van Wagner, seconded by Phyllis Heiko. All in favor. So carried.
Joyful Acres, 485 Lasher Road, Tax Map ID# 200.-1-1.200, Andrew Didio came before the Board explaining the pending project will be an Eating and Drinking Establishment, according to Town Code. retail sales will be an accessory. Matthew Griesemer read the definition of an Eating and Drinking Establishment as well as the definition of Retail from the town Code. Approval from the DEC and Department of Health is pending. Phyllis Heiko made a motion to delay a decision to allow the Board to read the submitted letters of comment. Seconded by Luke Kumburis. All in favor. So carried. The applicant explained the event plan and answered questions on the actual operation of a Farm Brewery.
Matthew Greisemer read a letter from Attorney Ann Weaver regarding the timeliness of the publication for the Public Notice for the Public Hearing for the Joyful Acres project. The letter stated the publication was not prior to 10 days of the Public Hearing. Matthew Griesemer stated the correct requirement is 5 days and the Public Notice did meet the deadline of 5 days.
Santiago Suarez, 756 County Route 8, came before The Board to discuss the possibility of a wedding venue. He was given information on the needed steps to begin the process.
Rodney and Deborah Hapeman came before The Board regarding the permit and steps taken which would be needed for an accessory building. The building would be a garage with an apartment upstairs.
The Board voted for Desiree Webber to continue as the ZBA Secretary.
A motion was made to adjourn by Phyllis Heiko, seconded by Luke Kumburis. All in favor. So carried. The meeting adjourned at 9:20.
Desiree M. Webber, Secretary