The Village has posted a portion of the recordings from the October meeting of the Zoning Board of Appeals. We understand there were issues with the recording computer, thus the entire meeting is not available for review.
The first matter reviewed was an application for a special use permit for an artificial lake at 300 Donlea Road. The recording for this discussion is not available, however the permit was approved.
The second agenda item for the meeting was discussion of a shed built in 1961 prior to enactment of current zoning codes that had fallen into disrepair. Since the shed was positioned against the property line with no setback, it would no longer be considered conforming to codes.
At issue in the two and a half hours of testimony and discussion spent on this topic was whether the structure was repaired or rebuilt by the homeowner as a result of a neighbor’s complaint, and depending on the answer, whether it even qualified to be “grandfathered” so it could remain in its’ original location. The subject ended up being continued to the November meeting.
The link to the menu of recordings that are available from the meeting can be accessed here.
For those of you interested in zoning, the shed issue is an excellent “primer” on “grandfathering” of physical structures in VBH. The Observer frames the issue as being one of “repair versus rebuild” whereas some on the ZBA, including me, struggled as to whether Section 5-9-3 of VBH Zoning Code even applied to a “rebuild” of a delapidated structure which is in continuous use and where testimony elicited indicated the bulk of the building remained the same.
This is yet another reminder why in my opinion updating VBH zoining code is long past due. It should also serve as warning to all residents that when you are considering improvements to your home, accessory buildings or land why it is important to first consult with the zoning and building code. If in doubt as to its meaning, then consult with VBH building department before expenditure of funds.