The first item on the agenda was a review of possible agenda topics that the ZBA could take up for consideration at future meetings. Board members were in general agreement that they should at least engage in public discussion and review at a later time to determine:
- if special use permits should be required for events being held on private properties, as has been suggested in the past by ZBA member David Stieper.
- if only elected or appointed officials should be allowed to file proposals for zoning text amendments. Currently any village resident can file a text amendment for consideration. Concerns were expressed that continuing with present system could result in excessive expenditure of village resources.
- if regulation of structure heights should be added to the zoning code. Currently there are floor area ratio and setback restrictions, but heights are not addressed.
- if new regulations should determine the status of advertising signs put up by building and or landscape contractors on properties where they are currently performing work. Some of these signs tend to almost be permanent fixtures.
- what are the village’s procedures for follow up of identified zoning violations. Although enforcement is not the role of the ZBA, members expressed a need for clarification of the steps and process by which the Village addresses violations.
The second item on the ZBA agenda was the public hearing for a special use permit for construction of a boathouse for a residence at 61 Otis Road. The construction of the boathouse and pier would project into Hawley Lake, which is privately owned by adjacent homeowners. Testimony was heard from the project’s architect and the applicant homeowner, as well as from neighboring homeowners and the legal representative for three other homeowners who were in opposition to the project.
Concerns were voiced about the blocking of unobstructed lake views, disruption of the neighborhood’s serenity, disruption of the lake’s ecology and and long-maintained natural setting. Neighbors feared that approval of this permit would create a precedent for construction of other boathouses along the lake’s shores, forever changing the character of Hawley Lake.
Although the project seemed, for the most part, to comply technically with the Village’s zoning requirements, members of ZBA expressed concerns about superseding the neighborhood’s homeowner association (HOA) which has a long, albeit informal, tradition of maintaining minimal development and construction around the shared lake.
The ZBA’s attorney, Mary Dickson, advised the ZBA that the HOA can do nothing to prevent this project on their own because the HOA doesn’t have bylaws, hasn’t held an associational meeting, nor is one required. As a result, it is her opinion that it is solely up to the ZBA to determine if this special use is appropriate, and if it should recommend approval to the Board of Trustees.
During deliberations, members of the Zoning Board continued to be troubled about approving the special use permit without having the affirmation of the neighbors, and they expressed a strong desire for the applicants to meet with HOA and neighbors to see if they could work out a new boathouse plan which could satisfy all parties.
The ZBA voted unanimously to continue the consideration of the special use permit until their February 21st meeting.
The standard menu of edited recordings by topic from the meeting is currently not available, but readers may access the recordings at the village’s archiving source by clicking here