ZONING BOARD OF APPEALS

November 20, 2007

The Zoning Board of Appeals met on Tuesday, November 20, 2007 at 7:40 p.m. in the Municipal Center courtroom. Acting Chairman Kish and Members Haug, Sullivan and Munoz; Deputy Building Inspector Dave Buckley and City Attorney Pisanelli were in attendance. Chairman Dunne was excused; Members Vakirtzis and Smith were excused and Alternate Member Worthy was absent.

Mr. Kish outlined the format of the Board's proceedings for the benefit of the public. The meeting was then opened on a motion by Ms. Smith, seconded by Mr. Sullivan. All voted in favor. Motion carried. Mr. Kish noted four members were present and four votes would be needed in order to grant a variance.

Mr. Kish called for corrections/additions or a motion to approve the minutes of the October 16, 2007 meeting. Mr. Sullivan made a motion to approve the minutes of the October 16, 2007 meeting as submitted, seconded by Mr. Munoz. All voted in favor. Motion carried.

ITEM NO. 1 APPLICATION SUBMITTED BY JOHN SCALPI, 386 LIBERTY STREET, TAX GRID NO. 6055-80-494054, R1-10 ZONING DISTRICT, FOR RELIEF FROM SECTION 223.17(C) FOR AN ADDITION WITH A 6.6 FT. SIDE YARD SETBACK (15 ft. required)

The public hearing on the application submitted by John Scalpi, 386 Liberty Street, for an addition with a 6.6 ft. side yard setback was opened on a motion made by Ms. Haug, seconded by Mr. Munoz. All voted in favor. Motion carried.

Owner John Scalpi described his proposal for an addition to expand his dining room area. The footprint of the house will remain the same in that the addition will square up with the remainder of the structure. The addition will not protrude any further from the front or side yard. The side yard setback will be 6.6 ft. where 15 ft. is required.

Michael Dittenhoefer 394 Liberty Street, announced his support of the proposed addition.

There were no further comments from the public and Mr. Kish verified with the Board secretary that no correspondence had been received regarding this appeal. Mr. Sullivan made a motion to close the public hearing, seconded by Mr. Munoz. All voted in favor. Motion carried.

Ms. Haug made a motion to grant the variance as requested, seconded by Mr. Munoz. All voted in favor. Motion carried.

ITEM NO. 2 APPLICATION SUBMITTED BY HATTIE & ERICH HESS, 9 MATTIE COOPER SQUARE, TAX GRID NO. 5954-27-853946, PB ZONING DISTRICT, FOR A HOME OCCUPATION (BARBEQUE/RETAIL) NOT PERMITTED UNDER “HOME OCCUPATIONS” SECTION 223.17(1)

The public hearing on the application submitted by Hattie & Erich Hess, 9 Mattie Cooper Square, for a home occupation (barbeque/retail) not permitted under “home occupations” under Section 223.17(1) was opened on a motion made by Ms. Haug, seconded by Mr. Munoz. All voted in favor. Motion carried.

Mr. Buckley outlined Hattie Hess’ proposal for a home occupation not currently listed under “home occupations” in the City’s zoning code. Ms. Hess has a professional barbeque cooker that is towed behind a vehicle for use at various locations. She wants to convert her existing detached garage into a food preparation area for this operation. Ms. Hess would also like to sell barbeque to customers who order and pick up which would be only rare occasions. Mr. Buckley explained the conversion of the detached garage can be done within the City’s zoning code, however due to the retail component a variance is required to allow customers to pick up items. Most of her business will be done at other locations but she would also like to take orders for pick up. Mr. Buckley presented pictures of her operation. He explained there is no parking concern and all cooking would be done outside.

Ms. Hess explained her purpose is to have a seasonal operation, with the bulk of customers to be served on location at their property. The conversion of the garage will allow her build a kitchen where food can be prepared prior to cooking. Most of her catering work is done in the smoker unit while on location, but this will provide a place to prepare items beforehand. The smoker will be located behind the garage. Ms. Hess explained she currently works at flea markets and prefers to cater at individual parties. She moved to Beacon from North Carolina nearly 24 years ago and plans to retire here. Along those lines, Ms. Hess wants to become part of Beacon’s growth and fulfill a dream for herself. Ms. Hess reported neighbors within a block of her house are in support of her proposal and she would not do anything to adversely affect her neighborhood. Ms. Hess explained traffic will not be problem as there is adequate parking on her property which can handle the occasional pick up. Her main operation is a full service delivery. Ms. Hess explained she did not go into this endeavor lightly; she consulted several experienced people in both the business and catering fields to see if the project would be feasible. She took classes and did a great deal of background work to achieve what she has so far. Ms. Hess intends to use local resources at every opportunity, and explained she acts as a mentor by training special or challenged youth in her field. Ms. Hess reported she won first place in a Texas barbeque competition and was in the top twenty vendors at an event in New Paltz.

Barbara Sims, owner of BJ’s Restaurant at 213 Main Street, argued that this operation is in the back yard of her eatery that specializes in barbeque also. She expressed concern over the competition and the affect this operation may have on her business.

Ms. Hess explained her business is geared to on-site catering and hopes it grows from customers she has already served. She reported there will never be a sit down eatery, nor will it become a “Miss Hattie’s Place” restaurant. Ms. Hess explained her business is only as a private caterer. Ms. Simms expressed concern that others in the neighborhood will want to open a similar business because she knows of others who cater from their house now without approval. Ms. Hess explained she has absolutely no intent to make sandwiches for lunch or run a daily operation; her intent is to offer a long term catering business.

Shalese Manash, 5 Digger Phelps Court, said her neighbors are fabulous cooks and felt their operation would not adversely affect the neighborhood. She supported their goal of retiring yet beginning something new. The more food the better!

Bernadette Ferzenza, Cross Street, reported they have been to parties where Ms. Hess cooked barbeque. She explained the cooker is a self-contained unit as seen on the Food channel and this type of barbeque is an art form. Ms. Ferzenza felt BJ’s restaurant would not be affected because it is an entirely different business. She felt the kitchen area will allow Ms. Hess to prepare items ahead of time and she does an awesome job.

There were no further comments from the public and Mr. Kish verified with the Board secretary that no correspondence had been received regarding this appeal. Ms. Haug made a motion to close the public hearing, seconded by Mr. Sullivan. All voted in favor. Motion carried.

Ms. Haug made a motion to grant the variance as requested, seconded by Mr. Sullivan. All voted in favor. Motion carried.

There were no further items to consider and the meeting was closed on a motion made by Mr. Sullivan, seconded by Ms. Haug. All voted in favor. Motion carried. The meeting was adjourned at 8:05 p.m.