Talk on the street not always rooted in fact…believe that?

Anonymous

It is amazing how something can show up in the paper, or be spread around by word-of-mouth and be assumed accurate.

Heck, if it’s in the paper it has to be true…

Especially if it sounds really juicy, you know, almost unbelievable.

It must be all about who you know and how to apply pressure, right?

This year, at least as far as activity here in the Code Office, has been pretty busy.

There are lots of construction projects going on, both new construction and major renovations.

Anything issued a permit has gone through whatever process was needed to obtain the permit.

Most are routine approvals, not requiring any special review of the Planning Board or Zoning Board of Appeals.

This type of permit is called a standard permit or use.

The proposed work met the minimum requirements of the local zoning ordinance, the construction plans met the minimum requirements of the NYS Building Code, so permits were granted.

Other projects may have risen to a higher level of oversight, thus requiring either Planning Board approval or an actual variance from the Zoning Board of Appeals.

Anything that went through the Planning Board is called a Conditional Use.

This is something that appears to meet the minimum requirements of the local zoning ordinance, but may have certain inherent impacts not acceptable in all locations.

Therefore the proposal goes to the Planning Board, a public hearing is advertised, and the project is discussed at an open meeting giving anyone interested an opportunity to be heard.

There are other minor projects that require only Site Plan Approval from the Planning Board as compared to a Conditional Use review.

Site Plan Approval still goes to the Planning Board for review.

All Planning Board meetings are subject to the Open Meetings Law, so the issue is discussed in an open meeting.

However, the Site Plan Approval process does not necessarily require the advertised public hearing.

The Planning Board can always reserve the right to call a public hearing if they feel it’s appropriate.

The Zoning Board of Appeals is a different animal.

They only entertain something that is prohibited by the local zoning ordinance.

Thus the term Variance.

The Zoning Board of Appeals is under no obligation to approve the proposal.

Sometimes applicants just assume their application to the Zoning Board of Appeals is automatic, just another stupid hurdle to jump.

To have a successful application, the applicant needs to fully understand what a variance is, and the standards the Board applies in their review.

All variance applications are subject to advertised public hearings, giving both the applicant and any interested person the right to be heard.

The Board will have a very open discussion with the applicant and the public.

Whatever decision is made by the Board, it is made for all to hear the rationale of the decision.

This gets back to the title of this article… Rumors. Anonymous letters. Word-of-mouth on the street.

It’s amazing some of the stuff that finds its way back to the Code Office.

The perceptions people may have about how different projects get approved are unbelievable.

If you are concerned about how something was able to get a permit, stop at the Code Office and ask.

In many ways, both the Town and The Adirondack Park Agency rules and regulations are liberal.

Sure there is a lot of regulatory oversight, but it is surprising how people can use their property, how big a house can be, and be perfectly legal.

Someone may not like it, or it looks out of place, but none the less, legal.

So if you see that old camp torn down along the waterfront and that new big huge house going up in the same general place, and wonder how could the Town or the Park Agency let that happen, you may want to find out the facts before you assume it’s all about who you know.