The village zoning board of appeals will hold a public hearing next Tuesday in regard to the meaning of the term "owner occupied."

The term is used in the zoning law in reference to tourist accommodations and the mandate that the owner must "occupy" the residence as a condition of the required special permit.

However, "owner occupied" is not specifically defined in the village's zoning law.

The issue is before the ZBA because of a case in village court which is on hold until there is an interpretation of the law by the board. The court case involves B&B owner Doug Walker, who was cited for a violation of the zoning law by the village's enforcement officer Al Keck Keck cited Walker because it was found he had spent some nights at his camp on Otsego Lake when there were guests staying at his bed and breakfast on Chestnut Street. Walker's sister and her husband, who also reside at the bed and breakfast, were on site while guests were present.

In the village court, Walker's attorney, Martin Tillapaugh contended that Walker did "occupy" the bed and breakfast and therefore met the conditions of his special permit and was not in violation of the law.

But village attorney John Lambert did not agree. The village's stance is that "owner occupied" requires the owner to be on site overnight when there are guests. It is an issue of safety and maintaining the residential character of the village, he said.

It now falls to the ZBA to define what "owner occupied" means for the purpose of the village zoning law. The hearing which has been scheduled is to solicit input from the public.

In the review of special permit applications for tourist accommodations in the past, the zoning board has stressed the importance of the property owner being present overnight when there are guests.

If, however, the board finds that "owner occupied" does not require owners of tourist accommodations to be present overnight when there are guests, it has the potential to significantly change what has often been described by village officials as one of the most important conditions of a special permit.

"It is a bigger issue than 2 Chestnut Street," Lambert told the zoning board.

The ZBA's public hearing in regard to the interpretation of "owner occupied" will be on Tuesday, June 7, at 5 p.m. in the village municipal building. Written comments may be submitted prior to the hearing and will be included in the record.