Neighbor safety concerns and missing site plan leave Hathaway Road setback variance without a motion

At the Village of Valley View Planning Board meeting on May 20, 2025, the board did not act on a requested 26-foot front-yard setback variance for a proposed single-family home at 6579 Hathaway Rd (P.P.N. 572-19-007) after no member moved to approve the request.

Cash Scott, representing Premier Custom Builders, told the board the company had a hold on the lot and was designing a "2,500-square-foot ranch-style home" to accommodate a steep rear drop-off. Solicitor Dave Lambros reminded members they could consider variances but that no overall site plan was before the board. Engineer Todd Sciano said, "the soil borings and the next steps will tell them what they need to know," and added the board will require a third-party slope stability analysis at the buyer's expense before the project could move forward.

Neighbor David Nemec, who owns the adjacent parcel downhill from the site, urged caution and told the board he was worried about slope stability. He said the land had "sunk three to four inches over the winter" and said he believes there is an underground spring on the parcel. The concern followed earlier testimony in the meeting that the previous house on the lot had been demolished after it began sliding down the hill.

The variance request was for relief from Ordinance Section 1258.09 to allow a 26-foot front-yard setback; because no motion was made to approve the variance, no formal vote on approval occurred. The board also noted that a site plan is required for any further formal consideration and that soil borings and a certified stability analysis will be required to evaluate whether the lot can be safely developed.

Next steps: The applicant or buyer may return with a complete site plan, soil-boring results and an independent stability report; only after those materials are provided can the board take a formal vote on any variance.