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ZBA requests clarification, seeks $4,000 escrow for Aerodrome interpretation in appeal over ZEO decisions
Summary
Counsel for Tomas Wise appealed which prior ZEO determination controls for the Aerodrome (2019 "museum" vs. 2020 "airport"). The board asked for more information, discussed timeliness (60-day rule), and voted to request a $4,000 escrow deposit to cover interpretive legal work.
At its July 8 meeting the Town of Red Hook Zoning Board of Appeals took up Application ZBA 26-04, an appeal filed by counsel Kenneth Stenger on behalf of Tomas Wise challenging a series of Zoning Enforcement Officer (ZEO) determinations about the Aerodrome. Stenger said FOIL documents show a 2019 ZEO letter classifying the Aerodrome as a "Museum Facility" and a 2020 determination calling it an "Airport Facility," and asked the board which of the former ZEO's determinations controls.
Stenger argued the 2019 determination should be controlling as a Non-Conforming Use and said the 2020 reversal lacked explanation. He asked for a public hearing on the questions raised and reported he had requested a clarifying determination from the current ZEO. Chair Chris Carney and ZBA Attorney Janis Gomez Anderson pressed the issue of timeliness: Gomez Anderson noted appeals must typically be filed within 60 days and said the applicant appears to be beyond that window for challenging the November 2025 letter. The board discussed whether the May 20, 2026 letter from the ZEO amounted to a new determination or merely referenced prior decisions.
Given the interpretive work likely required, Gomez Anderson recommended the applicant provide an escrow deposit of $4,000 to cover legal review and drafting. At 8:38 p.m. Kate Karakassis moved to request a $4,000 deposit to the 26-04 escrow account; Susan Grover seconded and the board voted unanimously in favor. The board also signaled it would seek further documentation and a clearer written response from the current ZEO before deciding whether to hold a hearing or to consider dismissal on timeliness grounds.
