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Goshen ZBA unanimously votes to reopen variances for 6 and 8 Gumwood Drive, citing unclear decision language
Summary
The ZBA voted unanimously to bring back for reconsideration decisions that granted variances for two Gumwood Drive lots after staff counsel warned the written rulings may have been broader than intended and could strip Planning Board jurisdiction; rehearings were scheduled for Nov. 18.
The Town of Goshen Zoning Board of Appeals voted unanimously to reopen and set public rehearings for variance decisions affecting 6 and 8 Gumwood Drive, saying the written decisions may have granted relief broader than the board intended and could affect the Planning Board's jurisdiction.
Board counsel explained that a prior June decision (recorded as a 3-2 vote) granted variances involving multiple overlay sections of the town code — specifically the floodplain and ponding-area overlay (97-25), buffer/overlay protections (97-26) and aquifer/lot-area rules (97-27) — but the written language lacked specific measurable criteria. Counsel said that omission could be read as a waiver of entire code sections rather than narrowly tailored dimensional relief, with downstream consequences for how similar applications would be handled.
Charlie Biziv, attorney for the applicant, told the board that leaving the decision in place would likely leave the town and applicant in the same practical…
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