Village planning board opts to not allow regular public comment

The Warwick Village Planning Board determined that allowing for public comment during meetings could be disruptive to procedure and pose potential litigation challenges for the board.

During the March 12 meeting, the board discussed the possibility of adding a public comment portion to the agenda to enable village residents to voice their concerns. The board debated the benefits of this change, with some saying it gives the residency the opportunity to speak, and others noting that it could lead to prolonged meetings. The board also looked to the Warwick Village Board and Warwick Board of Education procedures for guidance. Both have designated public comment sections on their agendas.

It was planning board attorney Robert Dickover’s strong urging against public comment at meetings which ultimately convinced the board not to make it a part of their future proceedings.

Dickover noted that if an applicant isn’t present when comments are made it, could subject the board to litigation. “If you allow the public to comment on agenda items, you’re going to open up a pandora’s box you are not going to be able to close,” said Dickover.

The attorney emphasized that public hearings already afford concerned residents the opportunity to comment on applications and is provided for by law. He also noted that the public is welcome to review files and watch and/or attend meetings, and that they might find their concerns are addressed by the board ahead of the public hearing.

Under current procedure, the board may allow public comment beyond public hearings if a majority of members agree. After discussing the issues with public commenting, the board determined it best to remove this procedure. The board did agree that written comments submitted to the board would be allowed.

During the meeting the board also determined that in the event of the chairperson’s absence during a meeting the board members present can designate an acting chairperson at that time.

Other business

Tuesday’s meeting had one application brought before the board: a request to change the lot lines of 18 Galloway Road.

Addressing the board, the property owners explained that for more than 80 years their property, along with other residential properties nearby, have co-existed with the business Corwin Florist with little regard to actual property lines. Surveying revealed that business and residential property lines are intermingled. The applicants expressed a desire to adjust property lines to more accurately reflect designated ownership, as well as combine two tax lots they own.

Board discussion determined that the proposed property line changes could impact some village zoning laws and recommended the applicants go before the Warwick Village Zoning Board of Appeals to request a variance.