ZBA reverses auto shop cease and desist order

MILLBROOK — On Tuesday evening, Nov. 16, the Zoning Board of Appeals (ZBA) of the town of Washington, in a unanimous vote, reversed the cease-and-desist order given to Jean and William Meyer, owners of the Mabbettsville building where Wes Auto Body Works is located.

The cease-and-desist order was issued on Sept. 10 by town Building Inspector Jack Neubauer after the building’s owners did not comply with a town Planning Board request to apply for a new special permit. This means that Wes Burlinghoff can continue to run his auto body repair shop, including spray painting cars, over the aquifer of the village of Millbrook.

Jerry Baker, chairman of the ZBA, told The Millerton News that the ZBA’s attorney had instructed the board that it must vote yes or no on the appeal of Neubauer’s cease-and-desist order. In other words, the ZBA could not place specific restrictions on the shop. The board had to simply decide whether the activities of the current auto body shop, with newly installed spray-painting rooms, constituted a change to the original special-use permit issued in 1986 permitting a vehicle repair shop to operate on the site.

The entire town of Washington is zoned residential, so any business requires a special-use permit unless grandfathered in. Baker said it was up to the village of Millbrook, not the town, to assert any limitations on the auto body shop’s activity since its location is within the 1992 district established by the New York state commissioner of health to protect the village’s watershed.

“It’s up to them to decide how to institute proceedings for inspection, storage and disposal of toxic materials,� Baker said.

The decision by the ZBA was the result, according to Baker, of the ambiguous description of vehicle repair shop under New York state definitions, which are unclear about whether painting is included or excluded. Even before the shop opened this summer the Planning Board questioned whether painting was outside the original intent of the 1986 permit and notified the building’s owners that they needed to seek Planning Board approval, which they did not do.

Latest News

Love is in the atmosphere

Author Anne Lamott

Sam Lamott

On Tuesday, April 9, The Bardavon 1869 Opera House in Poughkeepsie was the setting for a talk between Elizabeth Lesser and Anne Lamott, with the focus on Lamott’s newest book, “Somehow: Thoughts on Love.”

A best-selling novelist, Lamott shared her thoughts about the book, about life’s learning experiences, as well as laughs with the audience. Lesser, an author and co-founder of the Omega Institute in Rhinebeck, interviewed Lamott in a conversation-like setting that allowed watchers to feel as if they were chatting with her over a coffee table.

Keep ReadingShow less
Hotchkiss students team with Sharon Land Trust on conifer grove restoration

Oscar Lock, a Hotchkiss senior, got pointers and encouragement from Tim Hunter, stewardship director of The Sharon Land Trust, while sawing buckthorn.

John Coston

It was a ramble through bramble on Wednesday, April 17 as a handful of Hotchkiss students armed with loppers attacked a thicket of buckthorn and bittersweet at the Sharon Land Trust’s Hamlin Preserve.

The students learned about the destructive impact of invasives as they trudged — often bent over — across wet ground on the semblance of a trail, led by Tom Zetterstrom, a North Canaan tree preservationist and member of the Sharon Land Trust.

Keep ReadingShow less