Supervisor Ted Riehle reported to the Town Board that Code Enforcement Officer Andy Getty has recommended a change to the local zoning ordinance.
Getty said an examination of the Town of Webb’s CB-2 Zoning District has revealed what appears to be an irregularity involving “Permitted Uses” and “Conditional Uses.”
“Automobile, vehicle service (major)” is a Conditional Use in CB-2, Getty said.
The definition of this use is as follows:
“A commercial use involving any major repair, replacement or restoration of motors, drive trains, frames, body parts and other mechanical and body components and systems of motor vehicles, or painting of motor vehicles, as compared to routine servicing and minor repair and maintenance services.”
Getty asked the board to note the term “motor vehicle” in that definition.
The definition—formally termed “Motor/Recreation Vehicle”—is as follows, he said.
“Any passenger, recreation or service vehicle propelled by a fuel-using device, including but not limited to automobiles, trucks, motorcycles and motorbikes, motor homes, dune buggies, snowmobiles, tractors and motor boats.”
Based on this definition, boats are motor vehicles, and thus the service of them would be Conditional Use in a CB-2 district, according to Getty.
However, where snowmobile sales, service and storage is also a Conditional Use in CB-2, motor boat storage is not similarly allowed.
“This seems relatively inconsistent,” Getty said.
“There are several areas zoned CB-2. Both are spotted with existing residential and commercial uses involving the sale, service and storage of snowmobiles, boats and cars. All of these current uses are lawfully existing and/or grandfathered,” Getty said.
The exclusion of boat storage has resulted in some real-world difficulties, he said.
It has prevented the sale of property intended for service and storage facilities, where similar facilities already exist, Getty said.
Yet, conditional use does not mean unregulated use, Getty reminded the board.
“The Planning Board always has the authority of site plan review and approval, as a Conditional Use. They can thereby set any reasonable condition to mitigate any perceived impacts of any new proposed use,” he said.
For that reason, Getty has recommended to the Town Board that “storage of boats” be added among the Conditional Uses for the CB-2 districts.
The Town Board discussed the recommendation.
Councilwoman Mary Brophy-Moore said motor vehicles of varying types, though similar, are not identical. She said she wanted to ensure that approval of boat storage would not open the door to unforeseen regret in CB-2 districts.
The Board agreed to table discussion and a decision until its next monthly meeting, so further questions could be asked of Andy Getty.