Town planners: weighing businesses in residential zones

Shelter Island Planning Board members this week discussed whether or not the town should impose stricter controls on home businesses and on expansions of nonconforming uses within residential districts.

Planers agreed they didn’t want to see such strict requirements for home businesses that many are forced to scale back or stop their activities. At the same time, they said they were concerned about noise and other potentially bothersome aspects of some of those businesses.

“We have to find a balance,” Planning Board member John D’Amato said.

Board chairman Paul Mobius called for enforcement of whatever rules are on the books. Enforcement has been sporadic, Mr. Mobius said. “Nothing should be on the books unless you plan to enforce it,” he said.

“Everything is selective enforcement on the Island,” Mr. D’Amato commented.

Councilman Paul Shepherd, Town Board liaison to the planners, said new rules that are too strict could force a lot of  home businesses to close. At the same time, he suggested controls on noise and hours of operation might be imposed.

On the issue of expansions of nonconforming uses of properties in residential districts, the planners raised questions about how long the town should a property to be used for a nonconforming after it appears to have closed.

A basic rule for nonconforming uses has been that, eventually, they would be phased out, Mr. Mobius said. Under the Town Board’s latest zoning proposal, a property would lose its nonconforming use status after a year unless the owner applied for a two-year extensions. Up to five extensions could be granted for a total of 10 years.

Board members expressed no strong opinions on that idea but agreed to take time to consider both issues before making formal comments to the Town Board.