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Village Talks Planning, Zoning Board Consolidation

Village of Lakewood P-J file photo

LAKEWOOD — The Lakewood Village Board voted to table additional discussion regarding a new combined zoning and planning board at the recommendation of its village attorney during a recent meeting.

John LaMancuso, village attorney, told board members that he had drafted a local law for them to consider. He said that he had preferred the body wait to make the changes necessary, which begin with removing all references to the planning board from the village’s zoning code.

“There are about 30 or so or maybe even more references to the planning board,” LaMancuso said during the meeting, which was held via Zoom. “So we have to go through and individually make those changes.”

LaMancuso suggested that the board put off the hearing and any potential adoption of the consolidation until the board’s Feb. 8 meeting.

“That way we can come back next time and discuss the proposed local law that I drafted and then schedule the public hearing if everyone would like to proceed to that step,” he said.

LaMancuso explained that New York law requires a village to have a zoning board of appeals if it has a zoning code or law. However, state law does not require there be a planning board.

“The idea would be to create a combined board that is called the zoning board of appeals but that does take on the responsibilities of the current planning board,” he said. “The next steps would be to change the zoning code so that the responsibilities of the planning board are transferred to make sure that the language in the zoning code makes sense once you remove those references and the logistical issues and mechanics of how the zoning board of appeals works smoothly because of those changes.”

The trustees would then have to determine the makeup of the board. Under state law, the body could not have more than five members.

“We can have alternates and have local laws in place to have alternates, but the trustees would have to decide who would be on that board: current members, other members or otherwise,” LaMancuso said.

Following the public hearing, the trustees can pass the local law at which point it is sent the New York Secretary of State’s office and would become effective at that point.

“The way that I am proposing it right now is that the planning board would be abolished and the zoning board would be kept in place with additional responsibilities,” he said. “If we would like other people than those five current members of the zoning board to be on the new board, then we would have to talk about making those appointments.”

Edward McCague, village trustee, issued a reminder to his fellow legislators.

“The planning board right now is a referral board and the ZBA is a judicial board,” he said. “The ZBA is final, but the planning board is referred to the board of trustees so that’s an issue to be looked at as well.”

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