Board refers draft zoning code to planning and zoning boards amid process criticism

The Ballston Spa Village Board voted to declare the board acting as lead agency for the "seeker"/SEQR part 1 and to refer a draft zoning code to the planning board and zoning board of appeals for review and recommendation under village code section 205-74b.

Trustees approved the motion by roll call after discussion about process, timing and missing details in the draft. Concerned trustees and members of the public said the draft still lacks resolutions on key topics — including minimum lot-size calculations, cluster zoning, accessory dwelling units and revised historic district language — and warned that several planning- and zoning-board chairs have submitted resignations, which may limit those boards' ability to review the draft.

One trustee said the draft had incorporated several of his recommended changes (limit on apartment building size, allowance of two‑family dwellings in certain R‑1 areas with restrictions and design standards for nonresidential uses in residential zones), but he said the overall process had been mishandled and that remaining issues should be vetted in forthcoming public hearings. "This draft is unfinished ... and should not yet be sent to the PB and ZBA," he said during debate.

Board members noted that referring the draft begins a required 30‑day period during which other agencies and municipalities may respond about lead‑agency status; following that, parts 2 and 3 of SEQR would proceed as appropriate. Trustees said they expect further public hearings and additional review by the boards before any final adoption.

The motion to refer the zoning draft passed on roll call and will allow the planning board and zoning board of appeals to undertake formal review and provide recommendations.