Hurley said the board could approve the project under the ancillary commercial use clause, but other board members argued that ancillary use implies the business provides a secondary function to the primary property owner.
"That means, if a restaurant owner wants to have a sidewalk caf outside the main place, it's supposed to be subordinate to the primary business," Kitty Nardiello noted, "and hot dogs aren't subordinate to skis."
But Hurley claimed the board had the authority to operate within the code while still practicing common sense.
"It's a fairness issue," he said. "The Woods have operated this business for a number of years, and now that the village has changed the rule, no one is quite sure what they are supposed to do."
In the end, the board did not have the four votes required to approve the Woods' request, and Hurley told them to file with the Zoning Board of Appeals.
"Get the necessary variances, and come back here and we will vote again," he said.
The board approved an application filed by Andrew Quinn, owner of Desperados, to place a 20-foot by 20-foot slab of granite outside the restaurant for seating purposes.
Andrew's brother, Mike, appeared on behalf of the restaurant, and assured the board the patio space would be cleared of customers by 10 p.m., in accordance with a municipal noise ordinance.
Finally, Chair Six owner Charley Levitz sought the board's approval to extend his current restaurant hours of 7 a.m. to 3 p.m. to include dinner hours through 10 p.m. in the summer and 9 p.m. during the offseason. That request was also approved.