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Board tables variances tied to a property built without permits, asks for cleanup and safety steps
Summary
After extensive exchange about a property built without permits (referred to as Fallsburg/Folsberg Holding and Central Park), the board asked the applicant to secure and clean the site and tabled multiple variance requests until next month while requesting additional documentation and inspections.
The Fallsburg Zoning Board of Appeals on April 24 declined to decide multiple variance requests tied to a property that was built, in part, without permits. Instead the board voted to table the remaining variance requests until the next meeting after receiving new information and expressing concern about site conditions and fire safety.
What happened: Board members, the applicant’s representatives and residents spent the bulk of the meeting reviewing a property with previous enforcement activity, construction debris and nonconforming structures. Counsel for the applicant described remediation steps taken so far and proposed options such as removing an on‑site basketball court, relocating a propane tank, or changing building configuration to reduce variance needs. The applicant also offered to install NFPA‑13‑level sprinklers as a mitigation option.
Board concerns: Members repeatedly raised safety questions — including fire separation between buildings, vehicle access for emergency apparatus, and debris on the site — and flagged precedent and process problems when work is done without permits. Multiple members asked the building department to secure the structure (fencing/boarding) and to provide photographic confirmation of cleanup before the board reconsiders the applications.
The vote to table: Because the chair indicated a potentially material, undisclosed conflict that could affect the ability to vote and because members asked for additional documentation, the board made and seconded a motion to table the remaining variances. Members specified conditions for return: a cleaned site, secured building openings (fencing or boarded windows/doors), building‑department inspection/confirmation, and any drainage or fire‑safety reports the board requested.
Why it matters: The property in question was described as partially built without permits and has a stop‑work order on some work. The board noted past enforcement and said its role is to decide land‑use variances based on established area‑variance criteria; enforcement and any penalties for having built without permits are matters for other tribunals. Several members said they were reluctant to bless variance relief until the site is secured and clear evidence of mitigation is provided.
Next steps: The applicant agreed to work with the building department to secure the site and to clear debris; staff will inspect and circulate evidence of remediation. The variances will be returned to the board agenda next month for reconsideration once conditions are met.
