The Amityville Village Board held its final meeting for the 2009 year, with Village officials sending out holiday greetings to residents and business owners. It turned, out, however, that the last meeting was also among the longest for the year.

On the agenda were code changes, part of an overhaul of the Village’s laws that has been underway for most of the year. Discussion quickly centered on two major issues: the Village’s two-family code, and the use of residential property that is part of a larger piece of commercial property.

While these two sections were initially included in the package passed last week, the Village Board pulled them out for further discussion, saying they wanted more ideas and input from the community, before making a final decision. In general, however, said Mayor Peter T. Imbert, the board is looking to make these codes more restrictive, and will set a public hearing on them once the board reaches consensus.

The question of the use of residential property that is part of commercial site has become a source of controversy in the Village, particularly with regard to the commercial sites on the south side of Merrick Road. While the major issue about how these property owners can apply for relief has yet to be decided, the board did extend the buffer requirement from five to ten feet at last week’s meeting.

Under the present code, commercial property owners can apply to the Village Zoning Board of Appeals for a special exception to extend parking into the residentially zoned property. The Board discussed other options, however, including establishing a use variance, or change of zone requirement. But these options also limit the Village’s control over the properties, long-term, since these approvals go with the land and do not allow the Village to set down stipulations, said Amityville Village Attorney Bruce Kennedy.

“An example of that is with the Stop and Shop, CVS and Richmond Auto Body sites,” said Kennedy. “If the Village did not have flexibility in how it handled these, none of these applications would have likely been approved.”

On the question of the two-family code, the Village did make a change in April, 2009, eliminating the non owner-occupied options, in large part as a result of numerous problems these two-family homes posed in the Village said Kennedy. Moving forward, the board wants to further tighten up the code and is considering requiring a special exception, the least restrictive, an area variance or use variance, the most restrictive of the options. All of these would go before the Village’s Zoning Board of Appeals. Also raised as an option is to have these applicants go before the Village Board for a change of zone.

Trustee Richard Ubert, a former Zoning Board chairman, said he supported another option, the special exception that is currently in place. Under that option, the Village would have more control over the property owner since the approval would be limited and contain specific stipulations that the Village cannot require under the variance or zoning route.

“We have to find the best balance, one that protects our residents and also allows businesses to flourish in our community,“ Imbert told the board members, who were divided on the issue. “That has been our philosophical approach over the past 13 years and that is how we have to approach these questions.”

Residents who live near 5-Guys Burger on Merrick Road told the board that they are concerned about further encroachment of that business and others into the residential areas. “That owner has already purchased one home and I am seriously concerned about that strip mall and others,” said resident Susan Hopkins. “I understand that our businesses have to be successful, but I don’t want to live in the middle of asphalt.”

Joan Donnison, president of the Bay Village Civic Association thanked the Mayor and the Board for its work in addressing these and other issues in an effort to update its codes and further protect the Village. “This has been a long process and throughout you have listened and worked to maintain the quality of life here,” she said. “The Village looks beautiful and I wish you a merry Christmas.”