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Resident asks Town of Union to change home-occupation rules after barbecue business denied

Town Board of the Town of Union · January 2, 2025
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Summary

Benjamin Dylan Echols told the board he opened an LLC to sell southern-style barbecue from his home but was denied by the Zoning Board; town attorneys said a Feb. 5, 2025 public hearing will consider changes to Chapter 300 that could allow catering but would not permit outdoor smoker use.

At the Jan. 2 Town of Union Board meeting resident and business owner Benjamin Dylan Echols of 1004 Prescott Ave., Endicott described starting an LLC in March 2024 to offer southern-style barbecue and said he followed health-department steps but learned his residential zoning would not permit his business.

Echols told the board that after his zoning request went to the Zoning Board on Aug. 19, 2024 the request was denied. He said he reached out to neighbors and obtained signatures in support of operating the business from his home and that he has made investments and modifications to his property in reliance on the proposed use.

Town Attorney Alan Pope informed Echols and the board that the Town Board adopted a resolution to call a public hearing for Feb. 5, 2025 to consider amendments to Chapter 300, Article 40 (home occupations). Alan Pope and Deputy Town Attorney Rose Pope said the draft under consideration would allow home-based catering generally but would not allow outdoor use of a smoker for business purposes in residential neighborhoods, citing concerns that permitting outdoor smokers would create a townwide precedent and could affect closely sited homes.

Councilman Frank J. Bertoni echoed the attorney's concern, saying that allowing outdoor smoking in one neighborhood could allow anyone to do the same in other parts of town where lots are close together. The board did not change the code at the Jan. 2 meeting; it scheduled a public hearing on Feb. 5, 2025 so residents including Echols can comment.

Town Clerk Leonard J. Perfetti said the January 2 meeting recording would be posted to the town’s YouTube channel the next day and that minutes and hearing materials would be available from his office in the coming days.

The board did not adopt any ordinance at the Jan. 2 meeting; the Feb. 5 hearing will be the opportunity for further testimony and any subsequent drafting or vote.