Zoning Board of Appeals Hearing 12/12/2013

It's important to note that the ZBA will likely be taking action on the Faith Bible application this week.  The application has been closed for about 3 months or so, but still no decision after two meetings.  It will be exciting to hear from former building inspector and current ZBA member, William Gregory. 

Expect a quick turnaround approved zoning variances Thursday and a Planning Board meeting on December 23rd (I know, right, shouldn't they postpone that meeting in observance of the Christmas holiday?).

One reason it is believed that the application has been closed for so long with no decision (very rare)  is the applicant's grossly deficient SEQR application; a small sampling of our objections are at the bottom of this link.

Substantive Compliance
Aldrich v. Pattison 107 AD2d 258 (2d Dept 1985)
Where the question is the adequacy or content of the environmental review conducted, rather than whether the right steps were followed, agencies need to substantially comply with both the letter and spirit of the law. Where an agency has made a reasoned decision on a thorough record, the court will not substitute its judgment, but will allow the agency to exercise some discretion. See also Jackson v. UDC 67 NY2d 400 (1986).

Mmmmmm...uncoordinated review: so meaty. It looks like we may be blessed this year to have a long and spirited Christmas Eve-Eve in front of the Planning Board.

The Wetland Parking Area

The two wetland lots were conveyed to the Grantee (Faith Bible Church) from the Grantor (Shrub Oak Lake Estates) with six terms and conditions.  Below is a photo of the deed. Take specific note of #'s 3 and 4.  Please, discuss amongst yourselves and we'll reconvene after the New Year.

3. The Grantor hereby reserves a permanent easement on behalf of its membership to use the subject parcel at all times for parking purposes at no cost to the Grantor or any of its individual members.  

4.  That the subject parcel be permanently posted by the Grantee [Faith Bible Church] to indicate it as private property for the exclusive use of the members of the Grantor [Shrub Oak Lake Estates] and the Grantee. 

In case you were wondering, yes--Shrub Oak Lake Estates is an active membership corporation in the state of New York.

Chairman Gregg Bucci Didn't Read The Deed For The Wetland Lots

A quick snippet from Yorktown Zoning Board of Appeals meeting minutes, June 2011.  

“Chairman Bucci told him [editors note: that would be me!] that if that is true, such uses are with the permission of the owner and that unless the parties using the applicants property have some sort of legal contractual arrangement or legal ability to claim some sort of ownership interest in that property, that’s done with the permission of the owner. It has nothing to do with whether the owner owns the property or makes arrangements to allow people to park there.”

 I'm a SOLE man.  More on that later.  

Merry Christmas. 

A Brief Intermission

I hope you are having a good holiday season.  News of the Yorktown Zoning Board of Appeals' approval of all of the zoning variances is disheartening, for sure.  However, make sure to check back in after all the holiday hectic-ness ends.  I promise you exciting new developments.  Not only will there likely be a planning board hearing or working session, but we may even see some litigation.