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ZBA cites New York State rule that may treat gravel parking as impervious; applicants press for crushed-stone exception
Summary
Applicants prefer crushed-stone parking to preserve hamlet character; the ZBA noted New York State law treats gravel parking as impervious, which affects lot-coverage calculations and the need for Planning Board waivers.
Applicants urged the board to accept crushed-stone (gravel) parking as pervious so lot-coverage calculations would be more favorable for a mixed-use conversion. They said crushed stone is common in local hamlets and would better preserve village character.
The Chair replied that state law controls. "New York state law supersedes anchoring zoning law. And under New York state law, gravel driveways and gravel parking lots are considered impervious surfaces," the Chair said, explaining that state definitions often treat crushed gravel as impervious because of long-term compaction and surface accumulation. That interpretation affects whether the ZBA or Planning Board must approve lot-coverage relief.
Board members suggested alternatives such as bound gravel or other ADA-compliant surfaces for an accessible path, and recommended the applicants engage the county health and highway departments and provide engineering details to the Planning Board as needed. The ZBA said it will include the impervious/pervious question in its letter to the Planning Board.
