Following a public hearing last week the zoning board of appeals granted Stephen and Renate Ferrante a special use permit for a two bedroom tourist accommodation for the house they plan to build on one of the remaining vacant lots in the development. Residents spoke out against granting the permit, saying it was contrary to a restriction in the deed that limits homes to one-story private residences.

Barbara Curran, who lives across the street from the lot told the board she believed the deed restriction should take precedence over the zoning law.

Another neighbor, Dr. David Blask said he believed allowing a bed and breakfast would impact on the quality of life. "If they're allowed to pursue this, what's to stop others?" he asked. "This could open Pandora's box."

Renate Ferrante told the board that she and husband had looked at the deed and thought is would be feasible to have the option if they so desired to have a couple of bedrooms to rent. "We didn't want to change the character of the neighborhood," she said.

The ZBA consulted village attorney John Lambert who said it was his opinion that the zoning law was not meant to override agreements between parties.

"It sounds to me like you have to take the application on its face. You do not have to consider the covenants. There are other remedies," he told the board.

"That puts the onus on the private lot owners," Curran said in reference to the enforcement of the deed restrictions.

The board approved the special permit application by a vote of four to one with Richard Jagels dissenting.

"There are still issues with your deed that need to be followed up with, but it's not our jurisdiction," ZBA chairwoman Susan Snell said to Ferrante.

Tuesday afternoon the proposal was again up for review — this time by the planning board which held a public hearing on the site plan application.

Residents were back in force to speak out against the house plan expressing concerns that it violated deed restrictions because there are three levels to the home - a ground floor, basement and sub-basement and would block the view of the lake for a home across the street.

Homes in Lakeland Shores are terraced into the slope that runs down to the lakeshore and it affords everyone a view. The placement of the Ferrante home is not consistent with the terraced placement

"This proposed plan is not in keeping with the established neighborhood and in my opinion will detract from the value of the surrounding properties," Curran wrote in a letter to the planning board.

Wendy Kiuber, who lives across the street said they would lose half their view of the lake if the Ferrantes are allowed to follow through with the proposal.

"It's essentially a three-level structure from the lakeside," she said, adding that she is also concerned that a precedent may be set for any other vacant lot in Lakeland shores. One of those lots, she said, "is the other 50 percent of our view."

Renate Ferrante explained to the planning board that they had sought approval from the Cooperstown Oak River Corporation for their house concept prior to purchasing the land. The concept elevation was approved and they purchased the land. "We would never have purchased it without the approval," she said. "We wanted to make sure what we were planning was acceptable before investing more."

After listening to comments and reading letters from interested residents, planning board member bill Rigby said he thought the board's time was being wasted.

"So much is hinging on the convenants. I suggest you work it our between the lawyers then come back to the planning board," he said. "If you go by the village zoning law, it will likely be approved, the way I read the zoning law it sort of fits. I'd be happier to know what the convent allows."

Planning board chairman Paul Kuhn said Rigby was speaking for himself and not the board.

"I believe the site plan may adversely affect neighboring properties," he said. "We have to be advised by the village attorney of whether we can rule on the restrictions. In my opinion, if this board is asked to rule on restrictions it is not a single family home and not an attached garage. I believe any reasonable person would agree."

"This is waste of everybody's time if it ends up in court," Rigby said.

"We are reluctant to base any acceptance or denial on the deed restrictions," Kuhn said, indicating that further review of the site plan would have to wait for an opinion from the attorney.

The planning board meets again on Tuesday, Sept. 24, at 4:30 p.m. in the village meeting room.