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From YouTube: Beacon Zoning Board 2-22-23
Description
The City of Beacon Zoning Board Meeting from February 22, 2023
A
Out
the
window
we
get,
the
rain
still
welcome
to
the
zoning
board
of
appeals.
We
are
very
happy
to
have
you,
as
you
saw
last
month,
we
do
a
training
session
before
every
meeting,
it's
about
a
half
hour,
so
this
month's
training
is
just
a
continuation
of
what
we
did
last
month.
So
I
think
we
left
off
at
slide.
A
A
C
F
A
A
A
Great,
you
guys
are
on
a
roll,
so
we
talked
about
interpretations
basis
for
interpretations
and
we
can
I
know
when
we
talked
at
the
very
beginning.
We
talked
about
going
more
in
depth
with
what
goes
into
interpretations
and
reviewing
interpretations,
so
we
will
go
back
and
do
that.
The
slides
we
talked
about
last
month
were
just
a
little
taste.
So
don't
worry
them
we're
moving
past
them
again,
we'll
go
back.
A
So
interpretation,
if
someone
wants
to
challenge
Bruce's
decision
of
still
boy,
Bruce
flowers,
our
building
inspector,
sorry.
So
if
someone
wants
to
challenge
Bruce's
determination
because
they
disagree
with
his
interpretation
of
trying
to
think
of
a
good
one
like
of
a
tent
I-
don't
even
know
if
that's
relevant
in
city
code.
But
let's
say
Bruce
says
this-
is
a
tent
and
they're
like
well
I!
Look
at
it
and
I.
Don't
see
that
this
is
a
10..
A
A
Your
interpretation
yep,
you
make
the
decision
that
you
believe
ought
to
have
been
made
in
the
first
place,
and
so
you
then
interpret
the
code
using.
We
can
just
go
back
real,
quick,
looking
at
past
decisions,
records
minutes
and
then
basic
definitions.
What
does
the
Webster
dictionary?
How
does
the
Webster
dictionary
define
10.
yeah
exactly
yes,.
A
A
If
the
planning
board
has
an
interpretation,
that's
part
of
their
site
plan
approval.
The
challenge
would
be
in
article
78,
but
if
there,
if
they
wanted
to
challenge
the
building
inspector's
determination,
while
site
plan
is
still
going
forward,
they
then
could
separately
challenge
that
determination
to
the
zoning
board
and
it
could
impact
the
site
plan,
but
any
challenge
to
the
planning
board.
You'd
have
you
could
only
challenge
a
final
decision,
so
the
final
decision
would
be
the
planning
board
site
plan
and
that
would
have
to
go
to
an
article
78.
A
A
A
Okay,
so
how
many
parts
of
the
five-part
area
variance
test
must
an
appeal
pass
to
receive
an
area
of
variance?
Is
it
all
five?
Is
it
a
majority,
not
a
matter
of
passing,
but
whether
the
factors
when
considered
together
show
a
greater
benefit
to
the
applicant?
If
the
area
variance
is
granted,
then
a
burden
to
the
community
and
the
municipal
board
establishes
that
number.
A
You
guys
are
spot
on
we're
killing
it.
She
brought
sheets
for
this
meeting,
which
is
not
a
factor
in
the
area
of
variance
test.
Now
this
one,
we
struggled
with
the
last
time
and
no
cheating
looking
at
your
materials,
whether
an
undesirable
change
would
be
produced
in
the
character
of
the
neighborhood
or
a
detriment
to
nearby
properties.
A
A
All
right
so
for
a
zoning
board
of
appeals
to
Grant
and
area
variants
from
the
dimensional
and
area
requirements
of
a
zoning
ordinance.
It
must
find
that
the
benefits
to
the
applicant
of
the
requested
variants
outweigh
the
detriment
it
will
cause
to
the
health,
safety
and
Welfare
of
the
neighborhood.
Unlike
use,
variances
area
variances
require
the
balancing
test.
I
mean
we
can't
emphasize
that
enough.
That
is
the
key
to
looking
at
area
variances.
The
board
has
to
weigh
the
benefits
to
the
applicant
against
the
five
factors
set
forth
by
the
statute.
A
A
New
York,
State
statutes
direct
local
zoning
boards
of
appeals
to
Grant
the
minimum
variance
they
shall
deem
necessary
and
adequate
at
the
same
time
preserve
and
protect
the
character
of
the
neighborhood
and
the
health,
safety
and
Welfare
of
the
community.
So,
in
other
words,
the
zoning
board
does
not
necessarily
have
to
Grant
or
reject
a
variance
application.
Exactly
as
it's
presented
to
you,
the
zba
can
grant
a
smaller
variance.
E
A
Can
still
Grant
the
five
feet,
it's
the
minimum,
variance
that
you
believe
is
necessary
to
the
app
to
the
applicant,
while
still
weighing
the
the
other
factors
and
considering
the
the
pros
and
cons
to
the
health,
safety
and
Welfare
of
the
community.
So
again
it's
part
of
this
overall
balancing
set.
So,
yes,
maybe
the
minimum
is
two
feet,
but
you
consider
what
the
benefit
the
applicant
is
seeking
and
what
do
they
get
with
that
additional
three
feet.
E
A
A
So,
just
to
go
through
all
the
five
factors
that
you
consider
so
first
off:
will
there
be
an
undesirable
change
in
the
character
of
the
neighborhood?
So
will
the
proposal
seriously
compromise
the
character
of
the
neighborhood,
which
consisted
overwhelmingly
of
parcels
which
do
meet
the
required
minimum?
Is
it
different
than
what
you
see?
Will
it
look
dramatically
different
and
kind
of
impact,
the
feel
and
the
overall
aesthetic
of
the
community?
A
So
that's
what
you're,
considering
with
this
first
Factor
second
Factor
alternatives
to
the
requested
variance
the
zba
has
to
consider
alternatives
open
to
the
applicant
that
are
lawful
under
the
zoning
code.
You
can't
afford
you
can't
make
them
think
of
Alternatives.
That
would
also
require
variances.
A
Unless
maybe,
if
it's
a
reduced
variance,
I
guess
we
could.
We
could
talk
about
that.
If
that
situation
ever
arose,
you
know,
maybe
they
go
from
a
front
yard
setback,
variance
to
an
alternative
that
will
require
a
smaller
side
yard
that
can
be
yeah.
That
could
be
part
of
the
discussion
because
you're
looking
at
the
other
factors
with
that
type
of
analysis,
but
overall
you
can't
make
them
do
anything.
That
is,
you
know,
absolutely
prohibited
by
the
code.
A
So,
for
example,
if
a
proposed
Edition
can
be
constructed
in
a
different
location
on
the
property
very
where
variants
would
not
be
needed,
so
you
know
we
talk
about.
Maybe
they
an
alternative
that
will
require
a
smaller
variance,
but
really
what
you
want
to
focus
on
is
the
Alternatives
that
require
no
variance.
You
know
putting
the
Side
Edition
into
the
rear.
Would
that
be
possible?
Is
that
a
feasible
feasible
alternative
that
they
can
consider?
That
would
allow
them
to
get
rid
of
or
reduce
the
variance
requested.
A
So
you
want
to
at
least
explore
these
possibilities
and
a
lot
of
the
times
it's
okay
to
ask
the
applicant.
You
don't
always
have
to
make
a
decision
in
one
meeting.
You
can
ask
the
applicant
to
go
back
and
explore
that
possibility
either
they'll
come
back
and
we've
done
that
plenty
of
times
here
and
they'll
come
back
at
the
next
meeting,
either
presenting
the
alternative
option
or
saying
it's
really
not
feasible
and
here's
why
impact
on
the
environment?
A
So
again,
the
zba
is
going
to
weigh
the
variance's
potential
impact
on
factors
such
as
drainage,
traffic,
circulation,
dust,
noise,
odor
and
impact
on
emergency
services.
That
all
goes
into
your
consideration
about
impact
on
the
environment.
I
know
a
lot
of
times
we
just
think
of
trees
and
green
things,
but
it's
a
lot
of
other
things
as
well
think
of
like
the
General
Health
of
the
community.
A
The
Court
held
that
substantial
evidence
supported
the
board's
decision
that
the
fence
would
protect
the
Aesthetics
of
the
diner,
which
had
unique
design
that
installation
of
a
grease
Reservoir
would
prevent
grease
from
dripping
to
the
ground,
and
the
fence
would
keep
grease
and
fumes
from
neighboring
property,
so
they
in
that
case
they
saw
that
the
impact
to
the
environment
was
actually
benefited
by
granting
the
variance
and
the
variance
was
height
of
the
fence
height
of
the
fence.
In
that
case,.
A
Substantiality,
so
in
this
case
the
zba
has
to
make
a
reason
for
this
Factor
the
K.
The
zba
must
make
a
reason
judgment
as
to
whether
the
non-conformity
being
proposed
is
too
great
as
compared
to
the
lawful
Dimensions
Allowed
by
the
zoning
law.
So
in
other
words,
mathematically,
is
it
mathematically,
substantial
and
considering
whether
a
variance
is
substantial?
The
zba
should
also
consider
not
just
the
math,
though
what
is
the
is
it
substant?
Is
it
going
to
have
a
substantial
impact
to
the
community
so
a
lot
of
the
times?
A
The
way
we
phrase
that
response
in
our
resolution
is
that?
Okay,
yes,
it's
mathematically
substantial,
but
it
won't
have
a
substantial
impact
on
the
community
and
so
that
a
lot
of
cases
have
dived
into
that
issue
where
it
is
more
than
just
the
numbers,
and
if
you
believe
that
mathematically,
it's
just
too
much,
it's
just
overwhelming.
You
can
end
it
there.
But
if
you're
trying
to
justify
approving
a
variance,
you
might
want
to
also
focus
on
the
Community
impact,
all
right
and
class
favorite
self-created
difficulty.
F
A
Yeah,
a
difficulty
is
self-created
where
an
applicant
acquired
property
subject
to
the
zoning
restrictions
from
Rich
relief
is
sought.
This
is
not
the
case.
This
is
the
case.
Even
if
the
landowner
did
not
know
what
regulations
applied
to
the
property
when
they
purchased
it.
There's
no
excuse.
You
need
to
know
what
zoning
regulations
apply
to
your
property
for
the
public.
You
can
look
on
e-codes,
you
can
talk
to
the
building
department.
A
A
You
know
my
husband
and
I
do
not
own
a
house,
we
rent,
and
he
has
this
idea
that
we're
going
to
buy
a
house
and
we
can
put
up
a
white
picket,
six
foot,
fence
and
I
have
to
tell
him
husband.
You
can't
do
that,
so,
even
if
it
constitutes
only
one
fat.
So,
even
if
present,
the
self-created
difficulty
does
not
mean
that
you
deny
a
variance.
F
B
A
A
D
A
So,
just
a
quick
little
example
for
a
self-created
question.
The
rural
residential
Zone,
in
which
Mr
spin
bought
land
does
not
list
dirt
bike
tracks
or
miniature.
Golf
courses
as
permitted
uses
Mr
spin,
now
wants
to
install
a
mini
golf
course,
which
would
require
a
use
variance,
but
no
one
from
the
town
explained
the
zoning
requirements
to
him
before
he
purchased
the
land.
Would
that
be
considered
a
self-created
hardship
that
would
lead
to
denial
of
the
variants?
Yes,
yes,
Mr
spin
is
out
of
luck.
He
could
try
for
a
use,
variance
unlikely
to
succeed.
A
So
let's
talk
a
little
bit
more
about
use
variances.
How
many
parts
of
the
four-part
use
variance
test
must
an
appeal
pass
to
receive
a
use,
variance
all
four
a
majority.
It's
not
a
matter
of
passing
the
test
as
to
whether
the
factors
when
considered
together
show
a
greater
benefit
to
the
applicant.
If
the
use
variance
is
granted,
then
a
burden
to
the
community
or
four,
the
municipal
board
establishes
that
number
four
four.
F
A
D
A
A
The
applicant
cannot
realize
a
reasonable
return,
as
shown
by
competent
Financial
evidence.
The
alleged
hardship
relating
to
the
property
is
unique.
The
requested
use
variants
if
granted
will
not
alter
the
essential
character
of
the
neighborhood.
The
alleged
hardship
is
self-created
and
the
use
variants
will
not
have
an
adverse
impact
on
the
physical
or
environmental
conditions
of
the
neighborhood.
F
A
Not
a
factor,
it
is
not
a
factor,
a
two
guys.
Oh
everybody's
wrong.
I
honestly
was
gonna,
go
with
it.
No
one
one
is
the
biggest
one
in
a
use
variance
test.
One
is
the
most
important
remember
the
ones
that
we
had
well
I,
don't
know,
Montage
you
weren't
on
the
board,
but
remember
how
much
financial
information
you
make
them
submit
in
the
questions
you
ask
about.
You
know:
what's
the
history,
how
how
hard
did
you
try
to
sell
the
property?
You
know?
Why
is.
A
A
If
everybody,
one
of
the
cases
that
that
has
come
up
is
a
property
owner
was
on
a
a
very
steep
slope
and
they
wanted
to
put
in
a
deck
and
the
deck
was
not
permitted
because
they
were
on
the
steep
slope,
so
they
had
to
get
a
use
variance
to
allow
them
to
put
in
this
deck.
Well,
the
board
said
no.
Every
property
owner
on
that
block
is
on
a
steep
slope.
Yours
is
not
unique.
There's
no
reason
that
we
can
grant
you
if
everybody
else
is
in
the
exact
same
predicament.
A
Let's
Dive
In
yeah.
We
have
some
time,
let's
dive
into
these
factors,
a
little
bit
return
on
investment
and
dollars
and
cents
proof,
there's
no
hard
number
or
formula
for
determining
reasonable
return.
Each
application
should
be
treated
separately
based
on
the
factual
situation
of
the
parcel.
The
zoning
board
of
appeals
does
not
need
to
agree
with
the
applicant
on
what
is
or
is
not
a
reasonable
return
on
investment.
A
You
have
that
discretion.
You
might
want
to
consider
information
such
as
value
estimates,
which
would
be
the
real
estate's
agents
estimated
value
of
the
property.
Is
it
whether
or
not
that
that
could
be
used
as
financial
hardship?
The
agent
has
a
the
agent
might
have
a
financial
stake
in
the
outcome
of
the
variance
request.
You
want
to
take
that
information
with
a
grain
of
salt
right,
so
the
out
you're
you're
going
to
push
the
applicants
to
submit
dollars
and
cents
proof.
You
need
to
consider
whether
or
not
it's
yeah
exactly
is
it?
A
You
might
also
receive
decline
in
demonstration
of
a
decline
in
property
value
statements
showing
declines
in
property
value,
especially
if
it
merely
Compares
potential
sale
price
versus
what
the
applicant
paid
for
it
in
the
past,
under
the
current
zoning
could
be
submitted.
Courts
have
said
that
the
purpose
of
a
use
variance
is
not
to
remedy
poor
business
decisions
such
as
paying
too
much
for
a
piece
of
property.
Economic
downturns
would
affect
a
majority
of
properties
in
the
neighborhood,
so
all
would
be
faced
with
a
decline
in
property
value.
A
A
They
might
also
show
earnings
potential,
which
would
be
a
statement
comparing
the
current
earnings
to
the
potential
earnings.
If
a
use
variance
was
granted
which
showed
that
the
requested
use
would
be
more
valuable
than
current
use,
an
applicant
is
not
entitled
to
the
maximum
profit.
It's
a
reasonable
return,
it's
not
the
max.
A
So
what
would
be
other
pieces
of
financial
evidence
that
would
be?
Could
that
could
be
relied
upon?
You
could
look
at
bill
of
sale
for
the
property
present
value
of
the
property
expenses
for
maintenance.
You
might
want
to
look
at
any
lease
or
rental
agreements
that
are
in
place.
Ask
for
copies
of
tax
bills,
conversion
costs
for
permitted
use
that
might
be
it
might
be
unreasonable
to
convert,
and
that
was
part
of
our
discussion.
A
So,
let's
talk
about
uniqueness,
the
second
Factor,
the
plight
of
the
subject
property
through
the
operation
of
the
zoning
restrictions
must
be
due
to
unique
circumstances
and
not
General
neighborhood
conditions
to
be
unique.
The
problem
with
the
zoning
must
not
be
shared
by
a
substantial
portion
of
other
properties
in
the
zoning
District.
A
shared
problem
might
indicate
a
larger
concern
about
the
appropriate
of
uses
listed
in
the
zoning
District.
The
use
variants
might
not
be
the
best
solution
that
you
should
petition
to
the
city
council
for
either
a
text
Amendment
or
a
Zone
zone
change.
A
A
A
So
when
you
look
at
a
use,
variance
part
of
the
consideration,
you
know,
Factor
one
is
looking
at
the
reasonable
return
on
all
the
permit,
considering
all
the
permitted
uses
in
in
the
district
and
that
carries
through
for
all
four
factors.
So
looking
for
uniqueness
is
why
could
this
property
not
be
utilized
for
a
permitted
use?
Is
it
different
than
the
surrounding
properties
that
are
permitted
uses?
A
H
A
B
A
A
A
So
his
his
reasoning
is
not
not
a
unique
argument,
so
he
would
not
get
the
and
again
you
have
to
make
all
four.
So
if
he
can't
prove
uniqueness,
he
doesn't
get
his
home
occupation
all
right.
Second,
one.
The
building
is
a
very
large
historic
home
in
a
single-family
residential
district
made
up
of
bungalows.
B
H
A
G
A
Exactly
but
we're
not
evaluating
the
other
issues
or
what
figuring
out
what
he's
trying
to
do?
Who
this
guy
is
and
when
the
house
was
built.
This
is
just
like
very
basic,
so
then
the
municipality
prohibits
the
overnight
parking
of
tractor
trailers
in
residential
districts,
and
you
want
to
have
overnight
parking
of
your
tractor-trailer.
A
The
homeowner
is
a
long,
oh
in
this
example
they
give-
and
these
are
some
of
these
are
from
the
state.
So
the
state
says
that
the
homeowner
is
a
long
distance
truck
driver
who
wants
to
park
his
reg
next
to
his
garage
when
he's
between
trips.
This
is
not
a
unique
circumstance,
as
defined
by
the
use
variance
standards,
as
the
circumstance
relates
to
the
person,
not
the
property
and
the
property
owner
could
request
the
municipal
governing
board
to
repeal
or
amend
the
law.
That
would
be
the
better
solution
than
granting
a
use
variance
to
park.
D
D
D
Are
the
other
members
of
the
board
I'd
like
to
welcome
Stowe
Boyd,
our
new
member
to
the
board,
we're
also
joined
by
our
staff
Consultants,
including
the
city
building
inspector
Bruce,
Flower
City,
a
troop
City
attorney
Drew
and
our
zoning
board
secretary
Amanda,
the
materials,
the
application
materials
that
we
discussed
tonight,
including
any
proposed
resolutions
and
any
other
documents
are
available
on
the
city's
website?
Also
on
the
city's
website
is
a
link
to
the
rules
and
procedures
of
the
zoning
board
of
appeals.
D
I
want
to
take
a
minute
to
explain
the
board's
procedures
we'll
hear
each
in
this
case
one
application
and
the
order.
It's
noticed
on
the
agenda
for
each
application,
we'll
first
hear
from
the
applicant.
Then
the
board
will
open
the
floor
to
comments
from
the
public
if
there
are
any
or
any
any
from
write-ins.
D
If
you
wish
to
comment
next
up
on
the
podium
to
clearly
state
your
name
and
address,
and
all
comments
should
be
directed
towards
the
board
not
to
the
applicant
or
city
staff,
all
emails
or
other
written
correspondence
sent
to
the
zoning
word.
Secretarily
made
part
of
the
official
record
for
the
application
generally
here.
They'll
be
read
in
the
zoning
board
of
appeals
here
determines
appeals
from
administrative
decisions.
I'm
not
going
to
repeat
this
because
Drew,
but
just
just
taught
this
to
us,
but
one
thing
that
I
think
that
is
important.
D
That
montos
pointed
out
to
me
to
include
is
that,
in
order
to
receive
a
positive
vote
on
a
on
a
variance,
you
need
the
majority
of
the
board.
So
our
board
is
five
members,
regardless
of
how
many
people
are
here,
so
we
need
three
people
for
a
quorum.
So
if
there
is
a
three-person
meeting,
a
three
board
member
meeting,
you
unanimous
vote.
If
there's
four,
you
still
need
three.
If
there's
five
like
tonight,
you
still
need
three,
so
you
always
need
three
votes
to
have
a
positive,
let's
say:
declaration.
That's.
D
Our
final
decision
on
any
variance
application
must
be
based
on
an
evaluation
of
the
application,
statutory
Factor
set
forth
the
general
city,
law
and
city
code.
So,
as
Drew
again
just
went
over
those
factors,
it's
helpful
and
I
think
this
I
want
to
really
emphasize
this
every
month,
whether
it
be
the
applicant
or
someone
from
the
public
or
someone
writing
in.
It
is
important
that
your
comments
be
directed
towards
one
of
the
five
factors
in
this
in
this
type
of
variance
and
area
variance.
E
B
B
C
C
So
it's
a
pretty
modest
plan,
we're
looking
to
add
a
half
bathroom
downstairs.
There
is
currently
no
bathroom
downstairs
and
then
an
additional
bedroom
upstairs
the
goal
with
this
plan
was
basically
to
fill
in
the
negative
space
of
the
house.
That
is
adding
a
room
up
top
over
the
kitchen
which
comes
out
into
the
backyard
now
and
to
fill
in
a
bit
of
a
corner
along
the
driveway
yeah
I.
C
Don't
I,
don't
really
have
a
ton
more
to
say
other
than
that
we've
spoken
to
our
neighbors,
who
are
in
favor
of
the
plan.
If
anybody
is
interested,
I
have
a
little
petition
that
we
ask
some
of
them
to
sign
in
favor
of
the
plan,
but
yeah.
The
goal
here
really
is
just
to
make
you
know
to
make
the
house
livable
for
our
family
because
we
love
our
neighborhood.
We
want
to
stay
where
we
are
as
long
as
we
can
yeah.
What's
that.
A
A
F
C
It
says
to
humanly
concerned
with
the
undersigned
our
neighbors
of
the
Prima
family,
who
reside
at
25
Ralph
Street.
We
reviewed
and
support
their
plans
for,
in
addition
to
their
home,
this
Edition
will
help
their
family
grow
and
thrive
in
the
neighborhood,
and
this
is
signed
by
Israel
into
gonzagwa
23
Ralph
Street.
It's
signed
by
Aaron
parks
and
his
wife
at
27,
Ralph
Street,
and
it's
signed
by
Sarah
Jane
Casey,
who
lives
at
four
Duchess
Terrace
across
across
Ralph
street
from
us.
A
C
E
E
G
E
E
A
E
C
E
E
E
C
D
G
D
D
This
is
the
the
owner
of
27
Ralph
Street
I'm,
the
property
owner
of
27
Ralph
Street
in
Beacon,
my
son
and
daughter-in-law
and
Grandson
live
right
right
next
door
to
the
above
reference
property
as
tenants.
That's
my
understanding
that
the
applicant
have
requested
a
variance
from
the
10-foot
side
yard
setback.
We
were
totally
in
support
of
their
request
and
see
no
possible
impact
at
all
to
us,
or
anyone
in
granting
this
variance
feel
free
to
contact
us
Julie
Stone.
B
E
H
D
B
No
I
don't
believe
it
does
create
a
detriment.
It
doesn't
increase
the
the
or
or
it
doesn't
increase
the
encroachment
towards
the
property
owner
next
door.
The
it
remains
exactly
the
same,
except
getting
a
little
larger,
which
just
triggers
a
variance
that
you
need
to
get
come
back
to
the
board
to
get
it
looked
at
just
because
it's
already
non-conforming
so
now,
I,
don't
think
it
has
any
detriment
at
all.
D
E
H
F
B
D
D
H
C
D
G
D
Oh
yes,
so
we
have
conditions
that
we
place
on
variances.
One
is
that
you
have
paid
your
bill
with
the
city
to
right,
and
the
second
is
that
you
obtain
a
building
permit
within
six
months
of
the
resolution
and
that
the
completion
of
construction
is
done
within
24
months.
You
can
always
ask
for
extensions,
but
those
are
the.
Those
are
the
restrictions
that
we
place.
Do
you
think
that
will
be
okay.