July 6, 2011:  During the past month, many residents have asked the trustees our opinion of the Lawrence Hospital building project.  While it is quite logical that citizens would solicit our thoughts, knowing that our job is that of stewards of our Village, both legally and ethically we cannot endorse or oppose any project before an independent land use board of the Village.

By law, the mayor appoints all members of the Village's land use boards with the advice and consent of the trustees.  These boards include the Zoning Board, the Planning Board, and the Design Review Committee.  If we were to comment on pending applications before our boards, we would be quite rightly open to the charge that we were attempting to exert influence over board members we appoint.  Taken to its logical bad end, board members might feel their reappointment was in jeopardy if their opinion deviated from one or more of the trustees'.

We would also be vulnerable to a post-decision lawsuit by the party who was not granted the approvals for which they petitioned.  The mayor's and trustees' role is solely one of appointment.  We choose individuals very carefully for each board, seeking residents with certain training, experience, or education in fields such as law, architecture, engineering, urban design, construction, real estate, and finance.  Most importantly, we seek residents who are known for measured judgment and balance in decision making.  We are confident that the members of all of the Village's boards meet these criteria and act in the best interest of the Village.

The hospital project is currently before our Planning Board, which consists of a chairperson, four board members, and two alternates.  Each member has a term of five years with eligibility for reappointment provided they remain a Village resident.  By Village statute, the Planning Board has full and independent authority to review, approve, or disapprove site plans and subdivisions such as the hospital project or the recent Kensington Road submission.

The all-encompassing duty of the Planning Board is to guide and encourage the appropriate use or development of land in the Village to promote the rational functioning, economic stability, and the public health, safety, and general welfare of the Village.

In addition to the Planning Board, the Village has a Design Review Committee consisting of a chairperson, two board members, and an alternate.  The Design Review Committee is advisory in nature and makes recommendations to the Planning Board as requested and routinely reviews proposed items such as awnings, signage, and landscape plans in the Village.

The Zoning Board of Appeals is the final governing body of the triumvirate of Village land use boards.  The Zoning Board consists of a chairperson, four board members, and two alternates, chosen to serve five-year terms with the option for reappointment.  The Zoning Board of Appeals is empowered to reverse, affirm, or modify orders, requirements, interpretations, and determinations by the Village's superintendent of buildings.  The Zoning Board can also grant variances to an applicant for use of his or her property in a manner not allowed by the local zoning laws.  Variances allow for flexibility in the application of the Zoning Code by permitting a landowner the opportunity to pursue administrative relief from certain provisions of the Zoning Law.

The most common request is for an area variance that would allow for a use of property that is not permitted by the dimensional or physical requirements of the applicable zoning law.  In making its determination, the Zoning Board must balance the benefit to the applicant if the variance is granted versus the detriment to the physical or environmental conditions of the neighborhood.

The Zoning Board cannot hear an application for a variance until the petitioner receives a negative decision from the superintendent of buildings and subsequently appeals it.

If an applicant does not achieve the result they requested at either the Planning or Zoning Board, their recourse is to file an Article 78 proceeding.  This is the legal channel to challenge activities and decisions of an administrative agency with the forum in the State Supreme Court.  A petitioner may challenge the decision of a Village administration body based on the assumption that the final determination was made in violation of lawful procedure, was affected by an error of law, was arbitrary or capricious, or was an abuse of discretion.

I end with asking residents to volunteer for these important boards, which can ultimately shape our Village for years to come.  Please send a resume to share your expertise with the Village by e-mailing me at This email address is being protected from spambots. You need JavaScript enabled to view it..