The Lakeland Shores Landowners Association has filed an Article 78 appeal of the village zoning board of appeals decision to grant a permit for a two-bedroom tourist accommodation in that neighborhood.

The proceeding was filed last week in Otsego County Supreme Court.

Wendy Kiuber, spokesperson for the 38-member association said Wednesday that Lakeland Shores residents questioned how the ZBA could approve a two-bedroom B&B for a structure that has not yet been built. "It really baffled us," she said.

Not only is the use of the property inconsistent with the neighborhood, but the plan for the house is not in keeping with the terraced homes in Lakeland shores, she said.

The ZBA, Kiuber said, looked at parking and traffic flow, but doesn't believe they considered the application thoroughly enough.

There are also deed restrictions which limit homes to private residences, which Kiuber and other residents interpret as meaning no B&Bs in the neighborhood.

"We want to preserve the residential, non-commercial atmosphere of the community," Kiuber said. "We want Lakeland Shores to remain as it was five years ago.

The ZBA and the planning board have both been told by village attorney John Lambert that they cannot consider the deed restrictions when reviewing an application, but Kiuber said they should at least keep in mind the original intent of the restrictions.

"The ultimate goal is to stay in synch with the rest of Lakeland Shores. We don't want B&Bs," she said. "Once one gets in it sets a precedent.

Mayor Carol Waller said she may not comment on pending litigation, but added that she is not in favor of tourist accommodations in Lakeland Shores.

Because the lot for the proposed house is within the waterfront overlay district it must be approved by the board of trustees. The trustees have scheduled a public hearing on the issue for their next meeting Monday, Oct. 21.

Waller said that the intent of the zoning law was to protect the residential character of the village and that she will keep that in mind while the village board reviews the application.