July 1, 2019 | GRJH, Inc. Special Permit Expiration Determination, Lee Heim, Town of Copake Code Enforcement Officer
Town of Copake
Zoning Enforcement Officer
230 Mountain View Road
Copake, New York 12516
Re: GRJH Special Permit determination request from Town Planning Board
Dear Town Planning Board
As you know this project requires Town Zoning Board approval (Special Use Permit) and Town Planning Board approval (Site Plan). The Special permit was approved on December 2016. Immediately after that the Site Plan process began and continues to this day. After both approvals are granted the applicant canapply for a building permit. A question has been asked regarding the possible expiration of the Special Use permit. The Town Zoning Law states that Special Use Permits can expire.
§232-23, (F)“Expiration and Termination of Special Use Permit. A special use permit shall expire and become void one (1) year after approval unless the applicant shall have commenced and substantially proceeded with the use. The Zoning Board of Appeals may, upon written request of the applicant submitted at least sixty (60) days prior to such expiration, extend this period one time for a period of no more than six (6) months. If, at any time, including subsequent to the commencement of the use, there has been no activity related to the approved use for more than one year, the special use permit shall terminate and become void.” I determine that theapplicant has “substantially proceeded with the use” through their continued efforts to get the Site Plan approved. The Special Permit has not expired.
Code Enforcement Officer
Town of Copake