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Resident says ZBA voted without required public hearing; cites state guidance
Summary
Robin Vanderwall told the commission the Zoning Board of Appeals voted on variance requests May 5 without holding the required public hearing and read New York State Department of State guidance that "A public hearing is required before the zoning board of appeals may grant a variance."
Robin Vanderwall, a Sherrill resident of 138 Thurston Terrace, told the commission she attended the Zoning Board of Appeals meeting on May 5 and said three variance matters were voted on without the required public hearing. Vanderwall said the city clerk posted notice in the designated newspaper and on the city bulletin board but the ZBA did not hold the hearing component with public comment as required by guidance she cited.
Vanderwall read the relevant passage from New York State Department of State guidance aloud to the commission: “A public hearing is required before the zoning board of appeals may grant a variance. Every matter that comes before a zoning board of appeals requires a public hearing. They must afford all those wishing to comment a chance to be heard.” She said the absence of a formal comment period caused attendees to shout out opinions and briefly made the meeting chaotic; she asked the commission to help the ZBA understand its legal obligation to hold hearings with public comment.
The resident said that at one point the ZBA chair incorrectly assumed everyone present supported a use-variance request and that a formal hearing would have revealed contrary views. She requested that the commission consider following up to ensure the ZBA fulfills both legal notice and hearing requirements before granting variances in the future.
