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Applicant asks to correct longstanding land‑use record, seeks use variance for on‑site RV short‑term rental
Summary
Homer (identified as Homer Zuckerbacher/staley) told the ZBA he has operated a multiunit property and an on‑site RV for short‑term rental for nearly three decades; he applied for a use variance and an interpretation related to the town’s limited‑occupancy rules. Board accepted the application and scheduled referrals and a public hearing.
Homer (introduced as Homer Zuckerbacher; the transcript refers to him also as "Mr. Staley") presented a use‑variance application July 16 for a property he described as having housed an apartment since a 1997 certificate of occupancy.
Homer said his property at the Cloverleaf location has functioned as a multi‑unit residence for roughly 28 years and that municipal records still list it as single‑family; he asked the board to correct the record and to consider a variance to allow continued use of an on‑site RV for short‑term rental. He said his prior short‑term rental permit application was denied and that he is seeking variances on two zoning provisions tied to principal‑residence requirements and RV use.
Town staff and counsel clarified the procedural path: the matter includes both an interpretation request (about application of the town’s limited‑occupancy law to the RV) and a use‑variance application for the parcel. ZBA legal counsel explained the use‑variance standard — including financial hardship and non‑self‑created hardship criteria — and noted several application questions remain but that the board has enough information to accept the filing.
The board voted to accept the use‑variance application and to refer the matter to the town planning board and the Dutchess County planning board because the request affects commercial use in a residential zone. The board noted a SEQR determination discussion and marked the matter under the town’s Type II categories for the purpose of environmental review.
Next steps: the application was referred for interagency review and placed on the ZBA’s calendar for a public hearing (board discussion referenced an August hearing date); the applicant said he will attend.
