Warwick ZBA schedules July 28 public hearing after owner appeals two‑family certificate for 67 South Street

The Village of Warwick Zoning Board of Appeals voted Tuesday to schedule a public hearing on July 28 after Overlook Drive Warwick LLC appealed the village building inspector’s decision to limit the certificate of occupancy for 67 South Street to two units.

Attorney Joseph Haspel, representing the applicant, told the board the company’s position is that the property “was a three‑unit building since prior to the zoning change in 1988” and that the owners can prove continuous three‑unit use. Haspel said a building permit was issued after an inspection in September 2023 and that the renovation did not change the building’s footprint.

Why it matters: If the board finds the structure is a pre‑existing nonconforming three‑family use that has not been discontinued for one year or more, the village code allows the use to continue despite current zoning limits. Board counsel told the applicants they must show the use was not discontinued, a threshold that will be a focal point of the public hearing.

What the board heard: Haspel said the applicant sought a three‑unit Certificate of Occupancy after renovating the property and that the building inspector instead issued a two‑unit CO. Haspel summarized his clients’ plan to present historical evidence, tenant testimony and permit records to show long‑standing three‑unit use: “We believe we could show that this building has been used as that three unit building since prior to 1988,” he said. The board reviewed an email from the village building inspector, Boris, that the attorney and members said indicated the village’s files contain no record of a legal conversion to a three‑family.

Owner and contractor witnesses described renovating the four‑floor building and said they invested significant time and money bringing it up to code. One participant said the crews logged about “2500 hours each” on the renovation and that sprinklering and other fire‑safety work would be required if the structure is treated as a three‑family.

Procedure and evidence: Board members asked the applicants to append the inspector’s decision and any other documentary evidence to the application record. The ZBA agreed to allow the applicants to supplement their submission and recommended providing exhibits to the clerk at least two weeks before the hearing (July 14) so the board and counsel could review them. Counsel reiterated the central legal point: under the village code a nonconforming use that has been discontinued for one year or more may not be reestablished.

Action taken: The board made and seconded a motion to schedule a public hearing on the appeal for July 28, 2026, at 7:00 p.m., and to direct the clerk to issue required mailings and the ZBA attorney to prepare a public‑hearing notice. The motion was carried and the hearing was scheduled. (The board previously approved minutes from Jan. 27, 2026, with three in favor, one abstention and one absence.)

Next steps: At the July 28 public hearing the building inspector and the applicant will be given the opportunity to present oral and written testimony and supporting documents. The ZBA said it will expect the applicant to present the inspector’s decision being appealed and other records or witnesses tracing occupancy prior to 1988. The board indicated it will consider whether the nonconforming use was discontinued for a year or more as required by local code.