The church's attorney has opened their 4th Zoning Board of Appeals (ZBA) application which will be heard publicly on Thursday June 27th, 2013 at Town Hall at 6:30pm. The Planning Board--who has been hearing the application for more than 4 years[!!!]--sent the applicant back to the ZBA at my prodding. The chronology of the 4 zoning variances breaks down as follows:
- Application #1: Instead of notifying all of the "interested parties" to the planning board application, the applicant only notifies 2 homeowners of the required zoning variances (6 households were notified of the planning app). I showed up to the first ZBA hearing, raised numerous, valid and serious questions. ZBA closed the hearing and approved the variances. I advised the town attorney (representative of the board) that the ZBA should rescind the variance approvals for various reasons. The ZBA rescinded their approval.
- Application #2: In spite of overwhelming public opposition (oral and written), and in light of the gross and factual parking deficiencies, the ZBA approved the zoning variances. They told me specifically that my concerns about parking would be addressed at the planning board. As luck would have it, we're back at the zoning board to address--among other serious issues--PARKING! Literally. [note: I sued--pro se--and lost, not on merits, but because I didn't notice the church, even though I was challenging the ZBA's determination].
- Application #3: I notify the Planning Board that the applicant has overlooked two major variances regarding parking prohibitions in front yards in residential districts (makes sense), and a miscalculated the required front yard (honest oversights by the town's most prominent attorney and engineer--I'm sure). The Planning Board correctly directs the applicant to notify 2 adjacent home owners associations, a park district and the Mohegan Lake Improvement District who were not party to the original planning application in 2009. The applicant hastily makes application to get on the ZBA agenda for April 2013 (they only meet once a month). Applicant withdraws the application, voluntarily because there are still glaring deficiencies.
- Application #4: I won't start picking apart the wild, siding interpretations the applicant's attorney is trying to sell the ZBA in this space; I'll save that for the public hearing, 6/27/13.
My day job is consulting on zoning and building code matters for the City's most prominent building owners, engineers and architects. If I'm having a hard time understanding and navigating Yorktown's planning, zoning and building departments, then I feel for the average homeowner. It shouldn't be this hard. Please keep me in mind if you want substantive change in these areas of government.
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