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ZBA reviews planning memo on Washingtonville downzoning; finds probable increase in nonconforming lots
Summary
Planning chair Dan Siegel told the ZBA that proposed downzoning in the Washingtonville neighborhood would create additional nonconforming lots — 11 lots under 2,500 sq ft and 17 under 3,750 — and board members discussed rebuilding limits and potential effects on homeowners; the ZBA had no additional comments on the planning memo.
The Zoning Board of Appeals reviewed a referral from the board of trustees on a proposed downzoning affecting the Washingtonville neighborhood at its March 6 meeting. Dan Siegel, chair of the Planning Department, explained the parcel analysis: under the proposed R2 standards, 11 lots would fall below the 2,500-square-foot minimum and an additional six lots would be below a 3,750-square-foot threshold (17 lots total under that larger minimum), meaning up to 20 percent of properties could become nonconforming if the downzoning passes.
Board members discussed the practical consequences for property owners, including the code provision that nonconforming structures destroyed or made uninhabitable may lose their grandfathering if they are not rebuilt within the code’s six-month period. Members flagged that outcome as a major policy implication: a flood or fire could force an owner to seek a variance to rebuild a previously conforming use.
After discussing the planning memo’s data and legal implications, the ZBA said it had no additional comments beyond the questions it had already sent and will let the trustees proceed with their public hearing. "If we are satisfied with the information that we got from Dan, then we're done," the chair said; members agreed to forward no additional comment unless more information is requested.
Speakers quoted (first reference): Dan Siegel (Planning Department chair); Chair (ZBA).
