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Board sets public hearing on 3539 Everett Road zoning interpretation after neighbor complaint about outdoor storage
Summary
The ZBA voted to set a public hearing to consider whether zoning code provisions concerning outdoor storage and commercial-vehicle parking apply to a neighboring farm operation at 3539 Everett Road; the hearing was scheduled for May 6 contingent on municipal counsel availability.
The Goshen Zoning Board of Adjustment voted to set a public hearing to consider an interpretation of the zoning code as it applies to operations at 3539 Everett Road, after neighbors raised complaints about outdoor storage, vehicle parking and a shared boundary between residential and farm parcels.
Attorney Jody Cross, representing property owners Carrie and Sean Boo of 35 Everett, asked the ZBA for an interpretation that sections 97-59(b)(1) and 97-59(b)(4) of the town code — which restrict outdoor storage visible to adjoining properties and regulate parking of commercial vehicles — are enforceable against the neighboring parcel notwithstanding section 97-47(f), the code provision that exempts certain farm activities from zoning enforcement when enforcement would unreasonably restrict farm operations.
Cross said the neighboring parcel (reported in the filing as Stone Silo Farm LLC) is used for farm-related operations and that items observed on the shared property line included horse trailers, a chicken coop, fencing equipment, a dumpster, tractor trailers and a septic truck. Cross asked the board to set a hearing so the board could determine whether the code exemptions for farming operations apply in these circumstances or whether enforcement of 97-59 b(1) and b(4) is appropriate.
The board discussed procedural requirements (including whether a county-level 239 review is necessary) and the need to ensure municipal counsel’s availability for a hearing. The board motioned to set the public hearing for May 6, conditioned on counsel’s availability; if counsel was not available for that meeting, the item will move to the next available ZBA agenda. The board instructed staff to confirm counsel availability before formal public-notice steps.
Neighbors in attendance described a breakdown in relations between the parties, cited removal of mature landscaping, and requested resolution. The applicant (the Boos) asked for a 100-foot landscape buffer and for the fence to be moved. Board members acknowledged the matter could be contentious and recommended counsel be present for the hearing; they also encouraged parties to try to resolve issues but set the hearing to obtain an official interpretation and record evidence.
What the board will decide at hearing The board will determine whether sections 97-59(b)(1) and (b)(4) apply to activities at 39 Everett or whether section 97-47(f) — the farm-operations exemption — prevents enforcement of those code sections. The hearing will include evidence from both sides about actual farm operations, the nature and use of vehicles and stored items, and whether the application of the zoning code would unreasonably restrict farm operations.
Next steps Staff will coordinate with municipal counsel to confirm availability and issue public notice for the hearing, set for May 6 conditional on counsel’s availability; if counsel is unavailable, the hearing will be moved to the next ZBA meeting that satisfies notice requirements.
