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From YouTube: Beacon Planning Training 3 28 23
Description
Beacon Planning Board training session on "Special Use Permits" on March 28, 2023
A
B
So
tonight
we're
covering
special
use
permits,
which
is
one
of
the
items
within
your
jurisdiction,
along
with
site
plan
and
subdivision
certificates
of
appropriateness
and
and
Architectural
reviews.
So
special
use
permits
are
just
one
of
the
land
use
approvals
that
are
within
your
jurisdiction.
We're
going
to
talk
about
what
it
is,
what
it's
not
the
procedure
and
I
have
some
case
law
examples
as
well,
so
as
I
just
mentioned
and
I've
got
the
PowerPoint
presentation
up
on
both
screens.
B
If
you
want
to
follow
along,
so
a
special
use
permit
we're
going
to
cover
what
it
is.
The
procedures
for
reviewing
a
special
use
permit
what
happens
when
someone
needs
a
variance
from
a
special
use
permit
standard
and
what
to
be
considering
in
your
final
determinations,
both
reasonable
conditions
of
the
special
permit
and
the
concept
of
substantial
evidence.
B
B
So
it
is
in
your
schedule
of
used
regulations
listed
as
a
particular
manner
in
which
a
particular
is
is
authorized,
but
it
does
come
with
at
certain
standards.
So
it's
not
a
use
that
the
city
council
has
determined
can
just
be
permitted
as
of
right,
maybe
just
subject
to
site
plan
approval
or
a
building
permit
it's
something
that
it's
permitted
as
long
as
it
meets
several
conditions,
and
it's
up
to
the
planning
board
to
review
those
conditions
to
make
sure
that
the
use
complies
and
if
so
the
permit
is
granted.
B
Importantly,
it's
not
a
variance
a
lot
of
times,
people
think
special
permit
and
they
think
that
they
equate
it
with
a
variance
a
lot
of
times.
Those
two
terms
are
used
interchangeably,
but
they
are
they're
very
different,
so,
unlike
a
variance
which
gives
permission
to
an
owner
to
use
a
piece
of
property
in
a
manner.
That's
inconsistent
with
zoning.
A
special
permit
again
allows
somebody
to
use
a
property,
that's
consistent
with
the
zoning
ordinance
as
long
as
it
meets
certain
standards.
B
Your
schedule
of
use
regulations
I
know
that
this
is
completely
illegible
up
on
the
PowerPoint,
but
you
do
have
access
to
this
in
in
e-codes
in
your
in
the
zoning
code.
What
this
is
is
on
the
left
hand,
side
you
see
all
of
the
types
of
uses
that
are
permitted
by
by
District
then
across
the
top
is
all
the
various
zoning
districts
within
the
city
and
within
each
of
the
little
little
boxes
you
have
either
an
X
meaning
the
use
is
not
permitted.
B
D
B
Use
so
a
particular
use,
for
example,
a
bed
and
breakfast
might
be
a
permitted
use
in
one
District,
but
it
might
be
subject
to
a
special
permit
approval
in
another
District,
so
you
always
have
to
look
at
the
district
that
you're
in
and
what
uses
are
permitted
and
how
they're
permitted
in
each
of
those
districts.
So
this
is
your
tool
for
for
determining
that.
B
So
I
hope
that
helped
answer
your
question.
Okay,
there
we
go
all
right,
so
you
kind
of
covered.
My
first
topic
here
list
of
uses
the
zoning
code
identifies
uses
in
each
zoning
District
that
are
subject
to
a
special
permit.
We
just
reviewed
that
the
tool
in
the
zoning
code
that
that
you
can
use
to
determine
what
special
permit
uses
are
permitted
in
your
District
as
far
as
approval
Authority
goes
generally
speaking,
the
legislative
body.
So
the
city
council
can
authorize
the
planning
board
or
the
zoning
board
to
decide
special
use,
permit
applications.
B
So
city
council
has
the
authority
by
default
for
special
use
permits,
but
it
can
delegate
that
authority
to
either
the
planning
board
or
the
zoning
board
or
it
can
keep
it
to
itself.
So
in
Beacon,
as
we
saw
in
the
I,
didn't
quite
see
because
it's
hard
to
read
up
there,
but
as
we
just
discussed
and
beacons
some
special
permits,
the
planning
board
is
the
approval
Authority.
Some
special
permits,
the
city
council,
is
the
approval
Authority.
In
recent
years,
the
city
council
has
been
sort
of
getting
away
from
being
the
approval
Authority
for
special
permits.
B
A
B
D
B
Meeting
it
specifies
public
notice
requirements
for
the
application
of
public
hearing
is
required
and
that's
a
matter
of
state
law.
So
we
have
to
require
a
public
hearing
for
all
special
use
permits
for
site
plan.
That's
not
the
case
for
site
plan.
Local
municipalities
actually
have
the
option
of
requiring
a
public
hearing
or
not
in
Beacon.
In
your
code,
you
do
require
a
public
hearing
for
site
plan
applications,
but
that's
not
the
case
everywhere
in
New
York,
because
the
state
enable
link
statue
gives
that
option
to
the
municipalities
to
decide.
B
So
that
was
a
little
tangent.
223-18
also
specifies
that
you
have
to
make
your
final
decision
on
the
special
use
permit
application
within
62
days
after
the
public
hearing
is
closed
or
after
secret
is
complete.
The
application
has
to
include
a
certificate
of
inspection
and
that's
referring
to
that
ini.
The
inflow
and
infiltration
review
that
has
to
happen
with
every
application
and
that's
in
addition
to
the
code
in
the
past
couple
years
or
so.
B
B
It
also
explains
that
a
special
permit
expires
after
the
approval
is
issued.
If
a
building
permit
is
not
building
permit
application
is
not
submitted
within
one
year.
An
applicant
would
have
to
request
an
extension
or
the
approval
expires
and
is
null
and
void
at
that
point,
once
a
building
permit
is
issued,
the
applicant
then
has
either
one
year
or
two
years
to
complete,
depending
on
if
it's
a
new
building
or
for
renovation.
B
B
The
building
inspector
can
revoke
a
special
permit
if
it's
found
that
the
use
of
the
premise
that's
under
that
special
permit
doesn't
conform
to
the
conditions
of
the
special
permit.
So
you
issue
a
special
permit
that
says
this
use,
you
know,
conforms
with
the
character
of
the
neighborhood.
As
long
as
it's
operated
from
8
AM
to
5
p.m,
and
it's
found
that
that
use
is
operating
consistently
until
you
know
10
o'clock
11
o'clock
at
night.
Under
our
code,
the
building
inspector
would
have
the
authority
to
revoke
that
special
permit.
B
D
D
B
The
if
the
planning
board's
resolution
specifically
said
that
it
was
retaining
jurisdiction-
and
you
know,
authorized
the
planning
or
the
building
inspector
to
bring
it
back
to
the
planning
board
instead
of
revoking
automatically.
It
would
basically
that's
not
addressed
in
the
code.
So
unless
it's
addressed
in
the
resolution,
then
no,
unless
the
applicant
affirmatively
reapplied
and
sought
up
some
sort
of
modification.
So.
A
A
E
B
Yeah,
so
there
is
there's
the
justice
court
process
and
I'd
have
to
double
check.
I
can't
recall
if
in
Beacon
it's
a
violation
of
the
code
to
violate
a
resolution
of
the
planning
board.
I
think
it
is
I
think
that
amendment
was
made
in
recent
years,
but
I
would
have
to
double
check
if
that's
in
there.
B
B
D
B
That's
a
lot
of
power
here,
all
right,
so
there's
the
schedule
of
use
regulations
which
we
talked
about
all
right.
So
here's
the
meat
of
special
permits,
as
I
mentioned,
special
use,
permits
it
connotes
a
use,
that's
permitted
in
the
zoning
districts
as
long
as
it
meets
certain
uses.
There
are
General
standards,
I'm,
sorry,
certain
requirements.
There
are
General
standards
or
requirements,
and
then
there
are
specific
standards
or
requirements.
B
General
standards
are
found
at
223-18
and
there's
one
two,
three
four
six
of
them
and
these
apply
to
every
single
special
use
permit
in
the
city
and
we
can
kind
of
run
through
what
they
are.
The
first
one
is
that
the
location
and
size
of
the
use,
the
nature,
the
hours
and
intensity
of
the
operations
involved
in
or
conducted
in
connection
with
it,
the
size
of
the
site
in
relation
to
it
and
the
location
of
the
site
with
respect
to
streets.
B
B
The
third
is
that
operations
in
connection
with
any
special
views
are
not
going
to
be
more
objectionable
to
nearby
Properties
by
reason
of
noise,
fumes,
vibration
or
other
characteristics
in
article
four.
That's
their
performance
standards,
then,
would
be
the
operations
of
any
permitted
use,
not
requiring
a
special
permit.
So
is
the
special
use
going
to
create
noise
fumes,
vibration
or
other
similar?
B
B
The
next
one
is
that
uses
buildings
and
operations
will
be
accessible
for
emergency
services
and
appropriately
located
for
water,
sewer
and
other
infrastructure
requirements.
So
you
know,
is
an
ambulance
able
to
get
there
is
a
fire
truck
able
to
get
to
the
site
to
properly
deploy
their
services
and
our
is
their
appropriate
water,
sewer
and
other
utilities
servicing
the
site?
B
And,
lastly,
the
use
will
comply
with
other
regulations
in
the
code
and
will
be
compatible
with
the
recommendations
in
the
city's
comprehensive
plan
and
the
lwrp,
which
is
the
local
Waterfront
revitalization
program,
so
that
the
use
has
to
be
consistent
with
the
city's
comprehensive
plan
and
all
of
the
provisions
of
the
code.
So
those
are
the
general
standards.
Those
are
the
standards
that
apply
to
every
single
special
use
permit
in
the
city.
B
Then
there
are
specific
standards.
There's
a
lot
of
these
there's
a
lot
of
specific
standards
in
your
code
for
various
uses.
Not
every
single
special
use
permit
has
a
set
of
specific
standards.
Some
of
them
just
rely
on
the
general
standards.
I
pulled
just
one
example
out
of
your
code
for
bed
and
breakfast.
This
is
a
223-24.4
as
just
an
example
of
standards
that
the
city
council
felt
were
appropriate
for
making
sure
that
a
bed-
and
breakfast
in
particular,
is
not
going
to
have
an
adverse
impact
in
The
District,
in
which
it's
it's
proposed.
B
D
A
B
A
D
B
A
B
I,
wouldn't
yeah
I
think
that
you
would
not
want
to
be
in
a
situation
where
you
are
saying
that
there's
no
significant
adverse
impact
with
respect
to
traffic
for
proposed
use.
You
know,
traffic
congestion,
that
the
the
roadways
you
know
can
handle
all
of
the
traffic,
and
you
know
it
all
it
all.
You
know
meets
those
tests,
but
then,
a
month
later,
you're
finding
that
you're
going
to
deny
a
special
permit
because
of
traffic
impacts,
because
you
find
that
they
don't
meet
this
condition.
D.
That.
C
B
So
I
think
you're
talking
about
you
know
for
secret.
You
have
to
find
that
there's
a
signal.
You
know,
there's
no
significant
adverse
impact
but
I
think
you're
asking.
Is
there
some
Delta
between
where
maybe
it's
not
significant,
but
maybe
it's
an
impact
that
you
know
that
would
cause
you
to
find
that
it
doesn't
meet
one
of
these
standards,
so
I've
always
thought
theoretically,
I
think
that's
possible
I've
seen
cases.
That's
that
say!
Look
if
you
make
one
finding
in
secret.
D
E
One
way
to
look
at
these
would
be
as
areas
of
focus,
but
your
criteria
for
determining
whether
there's
an
adverse
impact
or
not
should
be
pretty
across
the
board,
whether
you're
looking
at
secret
or
whether
you're
looking
at
a
special
use,
permit
your
criteria
for
a
traffic
study
or
for
whether
driveway
is
laid
out
safe.
We
should
be
the
same,
but
this
is
pointing
you
at
certain
things.
Is
that
hey
for
bed
and
breakfast
it's
in
a
residential
neighborhood?
We
want
the
Ingress
and
egress
to
be
safe.
E
B
Think
that's
a
great
way
to
look
at
it.
It's
a
great
summer
right,
so
these
were
some
of
the
specific
standards
for
bed
and
breakfasts.
Again,
some
of
these
are
black
and
white
right
minimum
lot
size.
It's
40
000
square
feet.
Either
you
meet
that
or
you
don't
others,
as
we
just
saw
in
the
general
standards,
are
require
a
little
bit
more
discretion.
You
know
you're
applying
your
your
discretion
as
many
board
members
to
determine
whether
the
applicant
has
met
that
standard.
It's
not
as
black
and
white.
B
So
you
know
other
there's
off
street
parking
has
to
be
screened
from
adjacent
Residential
Properties,
so
lodging
provided
shall
be
for
periods
of
less
than
two
weeks
in
duration.
So
a
lot
of
these
end
up
being
conditions
of
the
special
permit
as
well.
So
what
happens?
If
someone
wants
to
establish
a
bed
and
breakfast
it's
subject
to
a
special
permit,
they're
on
a
lot
of
30
000
square
feet
instead
of
forty
thousand
square
feet,
that
doesn't
necessarily
mean
that
they
can't
get
the
special
permit.
B
B
B
So
there
was
a
case
that
went
all
the
way
up
to
the
court
of
appeals,
which
is
the
highest
court
in
New
York
back
in
2004.
That
confirmed
in
fact
that
the
New
York
State
statutes
do
allow
the
zoning
board
authority
to
Grant
area
variances
from
special
permit
standards.
So
there
was
a
question
in
the
law
about
whether
that
was
the
case
or
not,
and
that
was
a
result.
B
B
So
when
you
are
making
your
final
determination
on
a
special
use,
permit
both
New
York
State
statue
and
your
code
allow
you
to
impose
reasonable
conditions
that
are
directly
related
to
an
incidental
to
to
propose
special
use
permit
these
conducted.
You
know
what
the
case
law
example
here.
These
conditions
have
to
relate
to
the
use
of
the
property
and
not
the
applicant
or
the
owner.
B
This
case
that
I
have
cited
here:
Dexter
versus
Town,
Board
of
the
town
of
gates.
It's
an
old
cases
from
1975,
but
I
think
the
facts
of
it
are
kind
of
interesting.
It
actually
relates
to
a
rezoning.
So
the
applicant
asks
the
town
board
to
rezone
a
particular
piece
of
property.
It
was
to
allow
a
supermarket,
in
fact,
the
Wegmans
five
degrees,
so
Wegmans
petition
the
town
board
to
rezone
the
property.
B
The
town
board
did
rezone
the
property
in
response
to
that
petition
and
imposed
a
bunch
of
conditions
on
the
rezoning,
including
a
condition
that
said,
the
application
for
the
construction
of
a
resale
Supermarket
by
Wegman,
Enterprises,
Inc
and
related
structures,
shell,
in
order
to
the
benefit
of
Wegman
Enterprises
Inc.
Only
and
for
that
specific
purpose.
Only
so,
basically,
the
town
board
was
saying:
we'll
rezone
the
property
to
allow
for
Wegmans
to
build
a
supermarket,
but
only
for
so
long
as
that
Supermarket
is
a
Wegmans,
so
the
rezoning
only
applied
to
Wegmans.
A
B
B
Three
minutes
the
other
thing
that
you
want
to
keep
in
mind
when
you're,
considering
your
final
determination
in
addition
to
what
conditions
you
may
want
to
might
want
to
put
on
a
special
permit,
is
the
the
you
know,
age-old
rational
basis,
substantial
evidence
standard,
so
the
decision
to
Grant
or
deny
a
special
permit
must
have
a
rational
basis,
supported
by
substantial
evidence
in
the
record.
So
this
standard
applies
to
every
single
decision
that
you
make
whether
it's
special
permit
site
plan
subdivision
any
decision.
B
So
important
super
duper,
because
the
flip
side
of
that
means
that,
if
you
are
making
a
decision
does
not
have
a
rational
basis
in
your
record
and
the
record
Being
the
testimony
the
documents
everything
before
you,
then
your
decision
is
arbitrary,
capricious
which
will
be
overturned
by
a
court.
She
don't
want
to
happen
so
again.
I'll
read
that
if
you
want
it
to
Grant
or
deny
a
special
permit
must
have
a
rational
basis,
supported
by
substantial
evidence
in
the
record.
D
B
I
think
that
this
quote
from
the
second
Department
case
from
1998
is
a
helpful
one.
It
says,
while
a
property
owner
is
not
entitled
to
a
special
use,
permit
merely
for
the
asking
once
it
is
shown
that
the
contemplated
use
is
in
conformance
with
the
conditions
imposed.
Those
are
those
General
conditions
and
the
the
specific
conditions
that
we
spoke
about.
The
special
use
permit
must
be
granted
unless
there
are
reasonable
grounds
for
its
denial,
supported
by
substantial
evidence.