Cobleskill Mayor Becky Stanton-Terk won’t challenge the Zoning Board of Appeals decision on Zion Lutheran Church.
Mayor Stanton-Terk said Friday that she’ll let stand the ZBA’s variance so that the church can become a performance center and restaurant.
But Mayor Stanton-Terk still believes she’s right and the ZBA is wrong.
The ZBA granted the use variance on April 25; a performance center/restaurant isn’t permitted where the Main Street church stands, so the variance was necessary for RJ Freitag, the potential buyer, to go ahead with his plans.
There are 24 legal uses for the church, but Joanne Darcy Crum, Mr. Freitag’s attorney, argued that he couldn’t get a reasonable return on any of those uses.
In granting the variance, the ZBA agreed.
Mayor Stanton-Terk maintained, however, that the variance application didn’t show financial information to prove any of the 24 legal uses would be unfeasible. A nursing home, nursery, boarding house and bed and breakfast were among the legal uses.
Some of the legal uses in the application were crossed out with no explanation, Mayor Stanton-Terk said.
“They were supposed to show accounting on each and every one,” she said. “The law is the law.”
Even though Mayor Stanton-Terk believes she’s right and believes the restaurant, performance center and bar shouldn’t be in that neighborhood, she won’t fight the decision.
An outside attorney estimated the legal battle would cost $30,000, and Mayor Stanton-Terk said she doesn’t have the money.
“If I had $30,000, I would do it,” she said. “If it was half that, I’d do it.”
The village board could have fought the decision, but most of the four trustees “weren’t on board with it,” Mayor Stanton-Terk said.
She had 30 days from the ZBA’s action to start legal action. The 30 days expired Saturday.
Mr. Freitag has an agreement with the Lutheran congregation to buy the burned out, vacant church for $150,000.
The state Attorney General’s office must approve the sale, which may take several months.
“Let the chips fall where they may. I hope everyone’s pleased with how it’s done,” Mayor Stanton-Terk said with sarcasm.
“I did what I could.”