Variances Approved in Shandaken - Short Term Rental Plan Approved

By Wildert Marte

SHANDAKEN — The Shandaken Zoning Board of Appeals met on September 17, at Town Hall for an evening that covered two public hearings and several ongoing issues. The meeting began with a hearing for Joseph Farcus, who requested area variances for his property.2.

Farcus explained that he wanted to build a modest single-family, twobedroom house where a much larger two-family, seven-bedroom house had once stood. He stressed that the new home would be smaller, set farther back from the road and designed with an upgraded septic system already approved by the county. Parking would be improved, and the orientation of the house would open views of the creek and mountains for his neighbors.

When asked why the project had taken so many years to reach the board, Farcus described a string of delays: unreliable contractors, engineers who took years to finish surveys, and the long slowdown caused by COVID 19. He also spoke about his time abroad volunteering as a medic in Ukraine and Israel, noting those commitments added to the delays but were not excuses. Despite setbacks, he said he had already invested over $70,000 into clearing and preparing the land. Board members confirmed that while the lot itself is non-conforming, the proposed house would be a conforming structure, just needing relief from setback requirements. With no objections from neighbors and no correspondence against the plan, the board later voted unanimously to approve Farcus’s variances.

The second public hearing was for a homeowner on Route 214, who requested a variance to convert a five-bedroom single-family home into a two family residence. The owner explained that her son had moved out for college, leaving the house too large for one person. She proposed creating a rental apartment upstairs while continuing to live downstairs herself. She emphasized that the rental would be long term, not short term or Airbnb, and she hoped to qualify for a county program that supports affordable housing. The board welcomed the idea, noting the shortage of long-term rentals in the area. Conditions discussed included adequate parking and a requirement that no short-term rentals be allowed. The variance was approved with that condition attached, giving the town a rare boost in affordable housing options.

Later discussion turned to a request from the planning board for a formal interpretation of zoning code related to event tents at local motels. Questions arose over whether the planning board could request such an interpretation directly or whether they needed to first be considered an “aggrieved” party. The debate grew detailed, with concerns about legal procedures, community character, and the strain of balancing economic development with neighborhood peace. The matter was left unresolved until the town attorney could clarify next steps.

The board also touched on the ongoing Verizon cell tower proposal. Members reviewed a draft letter laying out reasons for denying a variance, including concerns about scenic views and alternative sites. They acknowledged the tension between the need for better cell service and the town’s responsibility to protect its character and natural beauty.

By the close of the evening, the board had handled variances that will allow new housing in town while also wrestling with larger questions of growth, noise, and technology. Like many small towns, Shandaken faces the challenge of encouraging development without losing the qualities that make the community special.