Dr. Theodore Peters was the only trustee voting for the measure. Mayor Carol Waller did not cast a vote, but had said earlier she favored the change.

The change would have occurred in the vicinity of the county office building on upper Main Street. The area is now zoned residentital, but over the years, a number of variances have been granted which have opened the door to mixed uses, particularly professional office space. That change was driven, to some extent, by the location of the courthouse and office building and also the migration of professional offices out of thedowntown area as more space was taken over by businesses aimed at serving tourists.

There are currently two applications before the zoning board of appeals for variances to use residences as office space or a mix of office and residential use.

One from the law firm of Schlather and Birch, who want to change the use for an apartment building to include office space. the house is located between homes they have already converted.

The second applicaiton is from the village's municipal attorneys, who want to convert a home to office space next to another home that was covnerted earlier.

Both applications were given positive declarations during the ZBA's environmental review of the proposal and require the applicant to complete a draft environmnetal impact statement to address concerns about the impact of the variance if it was to be granted.

During the public hearing Monday night Nelson Avenue resdient Jim Brophy said he does not object to the use of the residences for office space, but was not happy about the method by which it will be accomplished.

"You're opening up things, not closing up things. It's not more restrictive," he said. "This, to me, is spot zoning. A variance is much cleaner in my opinion."

Former trustee and village administraor Giles Russell, who was appointed as a special advisor for the issue, said he wanted to make sure it was straight on the record that he had strongly recommended a larger area. "I'm afraid it's spot zoning," he said. I disagree with what was decided. I did not recommend what was put on the table tonight.

And former mayor Wendell Tripp, who earlier this year spoke out against the use variances that had been granted in the area, voiced his opinion that a change in the zoning law not a "good idea or a proper idea."

Tripp said he was concerned about the trustee bowing to pressure to change the zoning. "It seems to me if the board makes this change there will be pressure in the future," he said. "what happens five years down the road? This would be a very unfortunate precedent. There will be pressure to make other changes before long."

Paul Clark commented that he was worried about setting a precendent. "The best thing would be to grant the variance," he said.

"This board can't do that," the mayor replied.

"I'm glad people's concern is that a precedent would be set. That's my concern," said zoning board of appeals member Rick Jagels. "This proposal is to stop the precedent in its tracks. Jagels tried to explain to people that the variances which have already been granted have set a precedent which could be extended to other areas of the village which have the same R-2 zoning. By changing the zoning where the variances were granted, it would effectively do away with the precedent.

Richmond Hulse said he too was very concerned about a precedent. Before you set a preceent, accomodate the use through a variance," he said. "I agree that it is a good use, but do not agree with the process."

"The law is what you want," Jagels said.

Trustees Lee Malone and Glenn Hubbell both expressed concerns about the potential for presure to change zoning around Bassett Hospital so that residences could be used for office space.

Stu Taugher, another board member, said he was bothered by the ommisson of the Frank residence which is the old railroad station. "Leaving out the Frank residence makes it spot zoning even more," he said. "Grant the variance."

Trustee Milo Stewart Jr. said the variance should be allowed and that he was afraid of spot zoning.

ZBA Chairwoman Susan Snell said she was surprised by the vote, but her board will keep the plannng process going. "If you want to allow the use, the proper way is to legislate it," she said.

Snell said the ZBA can not just issue a variance, but must adhere to proper procedure. The ball, she said, is in the applicant's court.

Mayor Carol Waller said Tuesay that she was disappointed by the trustees decision. "I see Susan's point of view. I feel the change is the safer way to go. I feel the precedent is with the special use variance, not the law. The zoning change would have protected the village," she said.

Village attorney Michael Trosset, who with his partner John Lambert are applicants before the ZBA, said he was disappointed by the trustee's decision.

"As village attorneys we recused ourselves from the beginning. We wanted no appearance of impropriety. We were more worried about our reputation than moving our business forward," he said. "But we believe the law should have been changed."

Robert Schlather, whose firm is also an applicant said Tuesday that he had expected the change to be adopted, but that "nothing surprises me."

"I thought it was a good idea and still do. I thought it would go through," he said.

Schlather said they have purchased the hourse at 194 Main Street and it is currently rented for residential occupancy.

"For the time being, we will sit back and see how this plays out and hope in time we will be able to make some business use of the property," he said.