In related news, I made amazing discovery today; it was was right under my nose for about 2.5 years. I had underlined, doubled underlined, highlighted and made notations all around it. I overlooked it, but it was there the whole time. Zoning and code are exciting like that. I did a fist pump and a little dance. It is exactly one sentence of Yorktown zoning.
It's not fair to link directly to it, but it's in there. I will confirm my revelation with two zoning attorneys before I commit it to writing, but if I'm correct, the number of parking spaces they can provide as of right goes from 63, to 33. Gasp.
3 comments:
Just because its in writing “nothing is reversible” and that legally there were all sorts of “ways out”. -Micheal Grace. Also look at YTC 30-4b This duty to provide for a defense shall not arise where such civil action or proceeding is brought by or on behalf of the Town of Yorktown. In defending Eric DiBartolo for the oil spill that never exited,the town has spent 27k
Micheal Grace said he's ok with that. Good Luck You'll Need It.
Thanks Clark. I'm airtight with this newly discovered zoning section. If I am Pastor Z, I would fire the architect and engineer for overlooking this basic zoning requirement that means he can only provide half of the parking previously proposed. I would have Al Capellini sue their pants off for malpractice. That said , they hired Al cause they knew it was an aggressive proposal pushing the envelope at every stage. They will likely ram another major zoning variance through with the help of Al's counsel relationship with the ZBA. That's my two cents anyway. Will be a fun to see what happens.
I'm actually embarrassed it took me this long to notice this glaring oversight on the design team's part. Sure glad I didn't give up though. Details to follow Monday.
You do know that Mike Grace's executive secretary Mary worked for Al Capellini FYI
http://yorktown-somers.patch.com/articles/supervisor-elect-michael-grace-prepares-for-transition-into-town-hall#photo-8598885
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