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six rooms with double occupancy.
Looking at the two definitions, Gregory Monahan noted that Mr. Kramer’s interpretation was the “most restrictive reading,” and suggested that this issue “perhaps needs to be clarified.”
“The Planning Commission, which recommended and drafted the ordinance, specified a maximum of six rooms and 12 occupants (for Mr. Perez’s B & B),” Chairman Bird pointed out.
“The decision is not with the planning board. It’s with this board,” Mr. Kramer contended. “And that’s not what the ordinance says.”
Mr. McCarthy noted that the zoning ordinance also provides for adaptive reuse of existing structures in all zoning categories. Mr. Perez’s plans for a bedand-breakfast could fall into this category, eliminating the need for a rezoning should he want to use more than five rooms. “He could get approval for five rooms today (with a special use permit) and then come back for additional bedrooms under the adaptive reuse provision,” Mr. McCarthy said.
“I have no problem with that. I have no problem with the concept of six rooms,” Mr. Kramer responded. “I just don’t think the ordinance permits it.”
“We don’t have a lot of choice,” agreed Mr. Monahan. “If we read the ordinance a certain way, it must be applied that way.” The BZA has to limit Mr. Perez to five rooms, but possibly the supervisors would want to clarify their intent, Mr. Monahan said. “It’s better for us to be restrictive and let the Board of Supervisors clear it up.”
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