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From YouTube: Beacon Zoning Board 9-20-22
Description
The City of Beacon Zoning board Meeting from Tuesday, September 21, 2022
D
Anyway,
guys
I
missed
you,
so
I'm
glad
to
be
back.
I
thought
that
we
would
kind
of
take
a
look
at
reasonable
conditions.
We
did
this
presentation
back
in
2019,
so
the
first
couple
slides
are
just
refreshers
and
then
I
thought
it
would
be
good
to
look
at
examples
from
fairly
recent
court
cases.
There
wasn't
a
lot
that
happened
for
conditions
in
2021,
so
I
think
some
of
them
go
back.
D
I
think
my
oldest
case
is
2007,
but
fairly
newer
cases
talking
about
conditions
and
where
the
court
has
come
out
so
just
to
get
started
as
a
refresher
new
york.
General
city
law
empowers
the
board
of
appeals
when
granting
a
use
or
area
variants
to
impose
reasonable
conditions
and
restrictions,
as
are
directly
related
to
and
incidental
to,
the
proposed
use
of
the
property.
D
If
a
zoning
board
decides
to
cranium
variants,
it
may
impose
reasonable
conditions
to
mitigate
anticipated
impacts
of
the
variants.
So
this
language
is
in
new
york,
state
general
city
law.
This
language
is
repeated
in
our
city
code,
so
it's
very
clear
that
you
have
the
authority
to
look
at
an
application
and
determine
whether
or
not
conditions
are
appropriate
or
necessary
to
mitigate
anticipated
impacts
from
that
variance.
D
D
D
Oh
and
for
for
site
plan,
yeah,
yeah,
so
site
plan,
it's
a
yeah.
We
don't
do
that,
but
but
the
state
gives
the
planning
board
that
authorization
as
well.
When
they're
looking
at
site
plans
to
add
conditions,
the
timing
requirement
is
not
one
that
is
usually
you
just
get
that
in
the
text
of
the
code.
D
You
can
add
that,
because
we
have
the
power
to
add
reasonable
conditions
and
that's
a
reasonable
condition,
but
this
one
might
be
more
focused
on
well
now,
I'm
trying
to
think
of
a
new
one
someone's
coming
in
to
install
a
fence
within
you
know
the
front
yard,
a
height
variance
for
a
fence,
and
you
might
ask
them
to
plant
trees
to
mitigate
visual
impacts
or
paint
it.
A
certain
color
use
a
certain
material,
so
those
are
really
the
conditions
that
zbas
often
consider
when
looking
at
the
variances
the
time.
D
G
D
And
once
they
get
another
variance
and
the
reason
we
did
those
time
limits
is
because
it
so
you
have
six
months
to
get
your
building
permit,
but
once
you
get
the
building
permit
the
time
frames
in
our
resolutions
match
with
the
time
frames
that
the
building
that
applied
to
building
permits.
So
then
they
run
together.
So
the
building
department
has
an
easier
time
to
track
it.
But
they'll
keep
track
of
that.
First,
six
months,
they're.
D
Yes,
that's
not
our
office,
that's
not
this
board.
We
don't
have
to
worry
about
it,
that's
the
building
department
they
keep
track,
so
I
just
wanted
to
clarify
conditions
versus
alternatives
which
often
come
up
so
conditions.
You
know
those
are
going
to
be
our
requirements
that
we
place
on
the
enjoyment
of
the
relief
that
the
board
is
ultimately
going
to
grant
conditions
are
meant
to
mitigate
the
impact
of
the
approved
project
on
both
the
neighborhood
and
the
integrity
of
the
zoning
law.
D
While
an
alternative
is
something
that
the
board
we
usually
work
with
the
applicant,
we
make
suggestions,
we
want
to
see
how
they
can
reduce
the
variance.
So
the
alternatives
is
just
a
different
version
of
relief
that
comes
from
them,
reducing
their
variance
request,
so
that
wouldn't
be
a
condition,
because
that's
going
to
be
part
of
the
ultimate
approval,
so
conditions
must
relate
solely
to
the
particular
land
that
is
the
subject
of
the
application
and
must
not
concern
unrelated
land
or
other
issues.
D
They
must
relate
to
the
land
and
may
not
be
personal
to
the
owner.
They
must
relate
to
the
legitimate
objectives
of
zoning
and
not
to
matters
related
closely
or
related
solely
to
the
operation
of
the
business.
So
you
can't
grant
a
variance
just
for
mr
smith.
That
variance
applies
to
that
property
and
runs
with
the
land.
D
An
example
is
of
something
you
can't
do
is
place
a
condition
on
a
variance
upon
a
property
owner's
agreement
to
dedicate
land.
That
is
not
the
subject
of
the
variance
application.
You
can't
do
that.
You
have
to
focus
on.
What's
the
subject
of
the
application,
you
can't
condition
a
variance
on
an
applicant
making
plantings
on
public
property
or
plantings
on
his
neighbor's
property.
D
C
D
H
D
D
I
think
we'd
have
a
hard
time
relating
that
back
to
the
variants
you
know
just
because
you
want
to
see
them
like.
Oh,
that
area
doesn't
look
good.
If
it's
about
hey,
you
know
you're
taking
a
bunch
of
trees
down.
We
want
to
see
you
plant
trees
in
other
areas,
then
again
you're
you're,
making
that
connection.
How
does
this
relate
back
to
the
variants?
D
Another
example
of
something
you
can't
do:
you
can't
impose
a
condition
that
seeks
to
regulate
the
details
of
the
operation
of
an
enterprise
so
rather
than
the
use
of
the
land
on
which
the
enterprises
look
up.
So
you
can
regulate
the
use
of
the
land
on
which
the
enterprise
is
located,
but
you
can't
regulate
operations
of
the
actual
business,
so
these
types
of
conditions
are
invalid
because
they
do
not
seek
to
ameliorate
the
effects
of
the
land
use
at
issue
and
are
thus
unrelated
to
the
legitimate
purposes
of
zoning.
D
F
D
F
D
So
what
can
you
do?
What
are
some
good
examples?
Conditions
can
properly
relate
to
fencing
landscaping
screenings
one.
I
keep
mentioning
outdoor
lighting
noise
building,
enclosures
emissions
of
odors
dust
smoke
refuse
vibration,
things
pertaining
to
the
health
and
safety
of
the
surrounding
community.
D
You
want
them
to
again
relate
directly
to
the
use
of
the
land
in
question
and
they
should
be
corrective
measures
designed
to
protect
neighboring
properties
against
adverse
effects
of
that
use.
So,
if
we're
talking
about
conditions,
it's
important
to
identify
first,
what
are
the
adverse
effects
of
that
use
and
then
come
up
with
some
conditions
that
could
address
that
conditions
imposed
to
protect
the
surrounding
area
from
a
particular
land
use
are
consistent
with
the
purposes
of
zoning
again
seeking
to
harmonize
the
various
land
uses
within
the
community.
We
want
things
to
work
together.
D
D
Okay,
the
village's
building
department
then
issued
a
building
permit
to
the
petitioner.
When
the
petitioner's
restaurant
was
substantially
completed,
the
building
department
discovered
that
the
proposed
merger
between
the
subject-
property
and
the
adjoining
property
never
took
place.
It
didn't
happen
so,
as
a
result,
before
issuing
a
certificate
of
occupancy,
the
building
department
directed
the
petitioner
to
apply
for
a
parking
ban,
a
parking
variants,
so
he
did,
he
relied
on
a
license
agreement
which
allowed
the
petitioner
to
access
the
adjoining
property's
40
exclusive
parking
spaces
between
4
pm
and
12
30
pm
on
mondays
through
fridays.
D
H
D
Granted
a
parking
variance,
but
they
restricted
the
hours
and
they
restricted
the
hours
because
remember,
the
applicant
was
relying
on
a
license
agreement
that
he
had
so
he
had
40
parking
spaces
between
4
pm
and
12
30
mondays
through
friday.
So
they
said:
okay,
we're
going
to
grant
you
your
variance,
but
your
operating
has
to
be
restricted
from
4
pm
to
12.
30
am
mondays
through
fridays
and
you
have
to
have
valet.
C
D
The
court
said
that
the
need
to
alleviate
traffic
congestion,
which
was
documented
by
requiring
adequate
parking
facilities,
is
a
legitimate
consideration
for
the
zba
and
thus
both
conditions
were
appropriate.
Now
I
will
say
I
know
that
the
planning
board
in
beacon
has
contemplated,
if
not
conditioned
certain
site
plans
to
valet
requirements.
D
Beacon
does
have
a
parking
problem
in
some
areas,
so
you
want
to
always
consider.
Is
there
enough
parking
on
the
site
and
a
valet
plan
is
sometimes
part
of
that
kind
of
compromise?
To
figure
out.
You
know
what
they
can
do
so
yeah,
so
in
this
case
controlling
the
hours
of
operation
to
coincide
with
when
they
had
that
lease
access
to
those
parking
spaces
was
appropriate.
Otherwise,
if
you're
outside
the
scope
of
those
hours,
people
would
have
nowhere
to
park.
G
D
D
D
So
that
so
that
would
allow
the
restaurant
to
allow
patrons
to
enter
without
them
circling
around
without
them
trying
to
find
a
parking
spot
they
pull
up
and
that
valet
can
can
search
and
park
in
and
organ
wherever
they're
going
to
do
it
in
an
organized
fashion.
It
tends
to
be
more
organized,
there's
less
circulating,
they're
in
control
of
the
traffic
circulation
when
they're
valeting.
H
C
Yeah
I
mean,
I
think,
the
hours
I
think
both
of
those
things
are
hard
to
enforce
hours
as
well.
I
mean
you
know,
dave
buckley
has
made
comments
about.
You
know
that.
But
however,
of
course,
obviously
different
places
may
have
different
enforcement
mechanisms.
You
know,
I
think
in
beacon,
there's
you
know
two
or
three
guys
yeah
and
if
it's
a
nighttime
operation,
you
know
they're
not
going
to
be
enforcing
hours.
If
we,
you
know,
restrict
hours
to
a
business
at
8
pm
right.
E
E
C
D
E
E
D
Exactly
because
then
he
would
have
had
enough
parking,
it's
just
that
he
he
chose
not
to
do
it
and
he
got
caught,
and
then
he
had
to
get
a
variance
and
they
conditioned
it
before
he
would
have
had
no
problem.
There
were
no
no
limits
on
the
operation
of
his
business,
but
he
didn't
do
what
he
had
submitted.
He
was
going
to
do
so.
That's
the
problem,
do
what
do
what
you
say?
You're
going
to
do
is
the
lesson
okay.
So
this
one
is
hempstead
less
facts.
D
D
D
C
D
B
C
C
A
F
E
F
Multi-Unit
multi-family
dwellings
and-
and
that
was
the
I
don't
know
who
came
up
with
that-
I
don't
think
we
did.
I
thought
the
zoning
law
was
changed
that
it
had
and
then
we
just
upheld
it
and
we
could.
We
could
grant
a
variance,
maybe
against,
but
I
didn't
think
that
we
could
impose
that
back.
So.
D
You're
you're,
I
oppose
your
questions,
are,
are
in
the
right
area,
but
you're
getting
confused,
you're,
focusing
on
beacon
and-
and
this
is
about
a
different
municipality
now
in
beacon,
you're,
absolutely
right,
actually
accessory
apartments
have
to
be
owner
occupied
and
I
think
that's
what
you're
thinking.
That
is
a
requirement
in
the
city
of
beacon,
the
owner
occupancy.
It's
been
legislative.
H
D
D
That's
and
that's
the
thought
now,
if
it
wasn't
legislated
in
beacon
and
for
each
situation,
you
believe
the
owner
occupancy
was
required.
You
actually
could
do
that
condition.
It
might
be
beneficial
if
you
find
yourself
continuously
getting
these
applications
and
continuously
granting
them
with
that
condition
that
you
petition
the
council
to
legislate,
but
you
can
in
fact
adopt
that
condition
for
everyone.
Similarly,
sometimes
it's
sometimes
it's
actually
for
for
special
use
permits
in
beacon
for
accessory
apartments.
They
always
add
a
condition.
D
They
call
it
their
standard
condition
that
that
accessory
apartment
won't
be
used
as
a
short-term
rental.
Now
they
actually
just
passed
new
legislation.
I
believe
on
monday
that
now
legislates
that
accessory
apartments
can't
be
used
as
short-term
rentals,
but
previously
it
was
just
a
condition
that
was
always
added
to
those
applications.
D
D
D
A
H
A
Suppose
someone
wants
lots
of
variants
to
do
a
property
subdivision
and
for
for
whatever
reason
or
reasons
we're
okay
with
granting
that
variance,
but
we
want
our
restriction
on
what's
being
done
with
the
property
going
forward
so
that
it
okay.
Well,
actually,
I
think
about
a
hypothetical
here
suppose
you've
got
a
single
lot
with
two
occupied
residential
structures
on
it,
which,
under
the
zoning
code,
would
if
you're
trying
to
proposing
to
build
that
now
would
not
be
permitted.
Got.
B
A
And
the
owner
said
okay,
so
what
I
want
to
do
is
I
want
to
subdivide
this
lot
and
I
don't
have
enough
size
or
I
don't
have
enough
width
whatever
there's
some
dimensional
restriction,
that's
preventing
that
subdivision,
but
they
say.
Okay,
look.
You've
already
got
two
occupied
structures
on
this
property.
Drawing
a
line
between
isn't
actually
going
to
result
in
any
additional
burden
and
we
go
well
okay.
A
A
A
D
Yeah-
and
I
think
I
have
an
answer
so
in
every
resolution
we
have
the
tax
parcel
number
at
the
top
and
they
get
filed
with
the
city
clerk
and
the
city.
Clerk
has
a
property
file
for
every
every
property.
It's
your
responsibility.
When
you
go
to
purchase
you're
looking
at
these
types
of
resolute
you're.
D
You're
going
to
have
to
go
back
to
the
zoning
board
of
appeals
to
try
and
get
that
resolution
either
amended
and
to
get
that
approval
and
if,
if
it
doesn't
work-
and
you
did
something
that's
not
allowed,
then
you'll
have
to
remove
that
accessory
apartment.
Now,
in
your
situation,
we
would
probably
go
about
it
differently
and
I
actually
had
that
exact
case
in
another
municipality
and
it
came
down
to
legalizing
the
second
home.
D
That
was
on
the
same
residential
lot
and
that
would
involve
getting
a
use,
variance
because
having
two
principal
structures
on
the
lot
was
wasn't
a
permitted
use
automatically
that
limits
you,
you
can't
do
any
more
you're
already.
You
are
maximum
capacity.
You
have
already
gotten
a
use
variance
for
this
additional
home.
You
can't
do
any
anymore,
and
so,
when
you
go
into
the
building
department
with
with
a
building
permit
application
to
build,
you
know
an
accessory
apartment
or
another
structure.
A
I
could
definitely
see
the
building
department
approving
plans
without
anybody
digging
back
going
30
years
what's
on
file
from
30
years
ago,
and
then
you've
got
a
property
owner
who's.
Like
I
mean
okay,
I
guess
I
could
have
looked
in
the
city's
files,
but
I
didn't-
and
now
I
built
the
structure
the
city
gave
me
a
permit.
Well.
D
D
You
know
they'll
have
to
find
that
resolution
to
figure
out
where's
the
set.
Why
is
the
setback?
Why
was
this
small
setback
permitted
or
what
or
was
it
not
permitted,
and
they
just
did
what
they
want?
You
know
so
at
that
point,
they're
reviewing
the
the
site
plan
and
the
applications
that
they're
getting
in
and
they're
going
to
notice
that
it
doesn't
comply
with
with
zoning
and
they're
going
to
see
you
know
at
what
point
was
it
permitted
and
if
it
was
never
permitted,
then
a
variance
is
needed
to
legalize
that
situation.
A
H
A
Usually
these
things
are
falling
down.
They
normally
have
redevelopment
conditions
attached
to
them.
The
way
this
is
done
is
they
file
a
deed
with
the
county
that
says
the
steed
is
reverting
to
the
city.
If
all
these
conditions
aren't
met
in
that
way,
anybody
who's
thinking
about
buying
this
property.
If
they
exercise
any
level
of
diligence
whatsoever,
is
going
to
know
about
it,
even
if
they
don't
exercise
diligence,
so
they're
trying
to
get
a
loan
on
it,
the
bank's
going
to
exercise
right.
C
A
The
hypothetical
I
gave
was
you're
subdividing
two
lots.
You're
subdividing
one
lot
into
two
and
the
two
lots
that
you're
going
to
end
up
with
are
both
going
to
have
single
family
occupancy
residences
on
them,
and
the
concern
is
well
right
now,
in
this
area,
occupied
by
the
one
or
potentially
two
lots,
we've
got
two
structures.
H
A
We
don't
do
anything,
there
won't
be
any
more
than
two
structures:
it'll
be
a
pre-existing
non-conformity,
but
if
we
split
this
into
two
either
owner
is
going
to
be
in
a
position
where
they
can
say.
Oh
I
want
to.
I
want
to
build
an
accessory
apartment,
and
now
we've
got
four
occupancies
on
that
same
lot
or
what
what's
that
allowed
to
start.
A
D
So
I
was
going
to
say,
there's
several
approvals
that
are
happening.
First
of
all,
you're
going
to
have
subdivision
approval
from
the
planning
board
and
that'll
be
recorded
on
a
plat
file
with
the
county,
then
you're
going
to
have
to
get
variance
approval
from
the
zoning
from
the
zoning
board
of
appeals
that
map
that
subdivision
plot
is
going
to
show
clearly
when,
when
someone
comes
in
with
a
survey-
and
they
say
I'm
going
to
build
this
accessory
structure
and
they
go
to
the
building
department
with
their
building
application,
they're
going
to
see.
D
D
Yeah
right,
you
know,
and
if
you
have
any
more,
if
you
have
any
questions,
you
guys
all
have
the
cases
also
referenced
in
your
in
your
note
packets.
So
you
know,
if
you
have
anything
you
want
me
to
you
know:
hey,
can
you
make
sure
you
like
answer
this
shoot
me
an
email
I
can
make
sure
I
come
back
with
all
answers.
A
A
And
secondly,
I
thought
at
the
beginning
of
page
two,
before
going
into
the
five
statutory
factors
should
say
the
board
then
considered
the
benefit
to
the
applicant
at
the
variants
were
granted
as
ways
weighed
against
the
detriment
of
the
health,
saving,
safety
and
welfare
of
the
neighborhood
or
community.
In
doing
so,
the
board
considered
the
following.
C
A
H
A
I
A
I
My
case
I
submitted,
as
I
was,
instructed
to
plans
for
adding
a
modest
addition,
and
the
variance
is
because
I
live
in
a
two
family.
That's
already
been
grandfathered
into
this
one
family
zone.
I
moved
here.
I
bought
the
building
in
2019.,
so
I
have
my
father
and
disabled
brother
downstairs
and
so
I'd
like
to
add
a
room
and
a
bathroom
handicap
accessible,
and
I
took
it
to
the
building
department
and
took
the
drawings
and
everything
fit
with
all
the
setbacks.
I
E
E
I
I
A
Precisely,
what's
going
on
is
there's
a
provision
in
the
zoning
code
that
says
it's
addressed
to
pre-existing
non-conforming
uses,
and
it
says
that
a
use
that
was
lawful
as
of
the
enactment
of
this
code
or
amendment
to
the
code
that
makes
it
unlawful,
can
be
continued
so
long
as
there's
no
increase
in
the
non-conformity
and
the
way
that
this
is
interpreted
by
the
buildings
department.
I
think
this
is
fair.
I
H
C
A
Construction
within
24
months
and
then
payment
of
all
outstanding
fees,
if
any
that
are
road
to
the
city,
and
I
and
all
of
those
can
be
adjusted
for
good
cause.
Parenthetically
whole
bunch
got
adjusted
during
the
last
two
years.
A
lot
of
stuff
didn't
get
done,
but
I
just
wanted
to
ask
from
the
outset
if
those
were
an
issue.
D
A
A
B
B
G
B
A
And
we've
been
here
to
pull
this
up
all
right.
So,
let's,
let's
have
a
discussion
through
our
factors
here:
you're
making
a
determination
about
benefit
to
the
applicant
if
the
variance
is
granted
as
weight
against
the
detriment
to
the
health,
seating
and
safety
and
welfare
of
the
neighborhood
or
community.
A
A
F
G
E
A
B
A
F
F
A
H
F
F
C
E
C
A
F
H
F
F
J
C
J
A
By
and
take
a
look
at
this
property-
and
I
feel
like
I've
got
it
it's
clear
enough-
why
they
want
to
take
this
approach,
but
since
this
is
one
of
our
factors,
let
me
ask
you:
did
you
look
at
all
into
what
it
would
look
like
to
try
to
do
an
enlargement
or
an
expansion
that
didn't
involve
expanding
over
that?
Well.
J
Once
there
was,
there
was
concern
that
we're
still
going
to
have
to
do
work
on
the
back
of
the
house
and
also
feeling
the
fact
that
keeping
that
to
the
back
of
the
house
would
have
less
visual
impact
on
the
community.
I
mean
you're
not
really
going
to
notice
any
difference
from
the
street
with
that
back
there,
where,
if
we
put
a
two-story
edition
on
the
side,
just
I
mean
not
that
it
couldn't
be
done
tastefully,
it's
just
that
it
would,
let's
say,
have
greater
impact.
A
H
A
To
the
city
of
beacon
zoning
board
of
appeals,
I
am
the
next-door
neighbor
to
the
25
vail
avenue
property,
who
are
owners,
eilers
yulatowski,
who
are
requesting
a
zoning
variance.
I
would
like
to
advise
you
that
I
have
no
objection
to
the
variance
request
being
granted
and
the
second
one
from
I
believe
it's
benito
leahy.
It
could
be
bonita,
28,
vail
avenue
across
the
street.
A
A
J
F
J
It
was
going
to
come
out
we
just
on
the
plan.
We
have
it
just
coming
out.
It's
currently
it
steps
in.
If
you
look
at
the
picture
from
the
back,
where
you
see
the
one-story
edition
it
steps
in
about
a
foot,
a
foot
and
a
half
from
that
one
side
of
the
house,
we
were
just
gonna
kind
of
clean
it
up
and
just
line
it
up
with,
with
that,
just
to
keep
the
roof
line
more
consistent.