WGXC-90.7 FM
Stuyvesant Public Hearing
Aug 09, 2011: 7:30 pm- 11:59 pm
Stuyvesant Town Hall
5 Sunset Drive | Stuyvesant, NY 12173 | 518-758-6248
http://www.stuyvesantny.us/
Notice is hereby given that a public hearing, required by law, will b held for the following purposes: To hear all interested parties, residents of the Town of Stuyvesant and members or the public regarding applications for Interpretations submitted to the Zoning Board of Appeals (”ZBA”) by William Pflaum (the “applicant”) appealing the following decisions of the Zoning Enforcement Officer in conjunction with Mr. Pflaum’s operation of a dog kennel facility as a Class 2 home Occupation on his property located at 3 Rybka Road, Stuyvesant, New York: (1) the issuance of a Notice of Violation dated August 9, 2010 for allegedly creating unusual noise that exceeded those normally produced by a residence in violation of the Standards for Class 2 Home Occupations under the Town’s Zoning Ordinance: and (2) the revocation of Mr. Pflaum’s zoning permit on August 9, 2010 to operate a dog kennel facility as a Class 2 Home Occupation. In connection with these appeals, the ZBA will consider the following issues in addition to any other matters raised at the public hearing: 1. Does the operation of the applicant’s kennel facility, which has simultaneously boarded as many as 70 or more dogs in a Hamlet Extension District, constitute a “commercial facility” under the Town’s Zoning Ordinance? 2. Does the operation of the applicant’s kennel facility, which has simultaneously boarded as many as 70 or more dogs picked up from customers primarily in New York City and transported to Stuyvesant by the applicant, meet the definition of a “Home Occupation” under the Town’s Zoning Ordinance. A “Home Occupation” is defined as: “A profession or occupation that is customarily carried out within a residence or an accessory structure by the residence there of, that is clearly secondary to the residential use an that does not change the character of the premises as primarily a residence.” 3. Does the operation of the applicant’s kennel facility meet the following standards to qualify as a Class 2 Home Occupation under the Town’s Zoning Ordinance: (A) is the kennel facility “established within the dwelling unit or an on-lot accessory structure and operated by the residence thereof.” The kennel facility is currently located on a separate lot from the dwelling unit or an on-lot accessory structure by the residence thereof.” The kennel facility is currently located on a separate lot from the dwelling unit. (B) “no unusual... noise... that exceeded those normally produced by a residence shall be permitted.”? 4. Should the applicant’s appeal to the ZBA be addressed by the Town’s Justice Court instead of the ZBA despite the fact that New York State law stays any legal proceeding until the ZBA decide the appeal?

