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From YouTube: Beacon Zoning Board Training 9-20-22
Description
City of Beacon Zoning board training session on reasonable conditions and case examples
B
B
Think
we're
ever
being
recorded
anyway,
guys
I,
miss
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.
B
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
for
area
variants
to
impose
reasonable
conditions
and
restrictions,
as
are
directly
related
to
and
incidental
to,
the
proposed
use
of
the
property.
If
a
zoning
board
decides
to
Grant
an
area
invariance,
it
may
impose
reasonable
conditions
to
mitigate
anticipated
impacts
of
the
variants.
B
B
B
B
B
Usually
you
just
get
that
in
the
text
of
the
code.
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
or
use
a
certain
material.
B
So
those
are
really
the
conditions
that
zbas
often
consider
when
looking
at
the
variances
the
time.
One
is
not
really
something
that
we
discuss
or
contemplate.
It's
just.
We
add
it
in
every
time
because
there
should
be,
you
know,
while
they
run
with
the
land,
if
you're
not
going
to
start
the
work
and
the
variance
doesn't
stay
forever.
Yep.
E
B
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
apply
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.
B
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
were.
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.
B
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
requests,
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.
They
must
relate
to
the
land
and
may
not
be
personal
to
the
owner.
B
B
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.
B
B
It
could
be
that
parcel
you'd
want
to
make
sure,
let's
say
they're
again
they're
installing
a
fence
and
you're
thinking.
You
know
what
planting
a
couple
trees
behind
the
fence
could
mitigate
the
visual
impact.
We
would
see
more
natural
well
requiring
that
person
to
plant
trees
on
like
the
back
corner
of
the
parcel,
not
near
their
fence.
B
F
B
B
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
Enterprise
is
low.
Oh,
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.
B
A
B
B
So
what
can
you
do?
What
are
some
good
examples?
Conditions
can
properly
relate
to
fencing
Landscaping
screenings
when
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.
You
want
them
to
again
relate
directly
to
the
use
of
the
landing
question
and
they
should
be
corrective
measures
designed
to
protect
neighboring
properties
against
adverse
effects
of
that
use.
B
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.
We
want
people
to
be
healthy
and
safe.
So
that's
what
the
purpose
of
conditions
is.
B
So,
let's
talk
about
some
conditions,
I
have
a
case
from
a
village
of
Rockville
Center.
In
this
case,
the
petitioner
is
the
least
of
property
located
at
340
Sunrise
Highway
in
the
village
of
Rockville
Center
in
2013.
The
petitioner
sought
to
demolish
the
existing
structure
on
the
subject
property
and
build
a
5
400
square
foot
restaurant.
B
Given
the
square
footage
of
the
proposed
structure,
The
Village's
zoning
code
required
that
the
petitioner
have
54
off-street
parking
spaces.
The
subject
property
did
not
have
any
off-street
parking
spaces
in
applying
for
a
building
permit
the
petitioner
as
a
means
to
remedy
the
lack
of
off-street
parking
spaces
proposed
to
merge
the
subject
Lots
with
the
adjoining
property
located
at
330
Sunrise
Highway,
which
was
also
owned
by
the
leaser
of
the
subject
property.
B
The
petitioner
anticipated
that
the
proposed
merger
would
allow
it
to
utilize
an
exception
in
the
zoning
codes.
Off-Street
parking
requirement
for
interior
restaurants
that
abut
Municipal
parking
fields.
The
adjoining
property
was
also
adjacent
to
a
municipal
lot.
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.
B
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
parking
variance.
So
we
did
he
relied
on
a
license
agreement
which
allowed
the
petitioner
to
access
the
adjoining
properties,
40
exclusive
parking
spaces
between
4
pm
and
12
30
pm
on
Mondays
through
Fridays.
B
A
B
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
a.m,
Mondays
through
Fridays
and
you
have
to
have
valet.
B
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
conditions,
certain
site
plans
to
valet
requirements.
Beacon
does
have
a
par
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.
B
B
E
B
B
B
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
they'll
rely,
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.
C
Right
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
were,
you
know,
restrict
hours
to
a
business
at
8
pm
right,
they're,
not
they're,
not
doing
it.
C
B
B
D
B
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.
B
However,
the
use
variants
lapsed
in
1996
after
the
prior
owner
failed
to
renew
it
in
January
2018,
the
petitioner
applied
to
the
response
reply
applied
to
the
zoning
board
of
appeals
of
the
Town
of
Hempstead
to
reinstate
the
use
variants.
This
is
19
years
later,
after
a
hearing
the
board
granted
the
variance
subject
to
the
same
owner,
occupancy
condition
that
had
previously
been
imposed.
B
B
B
C
B
B
C
A
F
D
F
B
So
your
your
oppose
that
condition
your
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.
D
B
Because
the
idea
being
and
it's
the
same
reason,
it's
been
legislated
in
the
city
of
Beacon
that
accessory
Apartments
be
owner
occupied.
The
idea
is
that
you
still
have
someone
who
is
a
part
of
the
community
and
not
just
you,
know
a
renter
who
might
be
there
for
a
short
period
of
time
and
they
and
people.
D
B
And
that's
and
that's
a
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.
They
call
it
their
standard.
B
The
condition
that
that
accessory
Department
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.
E
B
E
B
A
Me,
let
me
just
look,
ask
a
question
on
it's.
Definitely
something
that's
occurred
to
me
will
come
up
with
some
conditions
that
would
be
imposed
like
in
particular,
say
operating
hour,
restrictions
that
are
attached
to
a
used
mirror
sphere.
That's,
basically,
the
existing
apparatus
of
the
city
ought
to
be
able
to
keep
track
of
those
they're
giving
of
occupancy
is
issued.
It's
going
to
be
Claus
to
reflect
that.
A
What
if
a
restriction
or
a
condition,
is
being
imposed
and
I'm
trying
to
think
of
what
a
good
example
would
be,
but
generally
stated
suppose
someone
wants
to
wants
a
variance
to
do
a
property
subdivision
and
thrower
for
whatever
reason
or
reasons
we're
okay
with
granting
that
variance.
But
we
want
a
restriction
on
what's
being
done
with
the
property
going
forward
so
that
it
okay
well
actually
I
think
about
a
hypothetical
here.
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
say.
Okay,
look.
You've
already
got
to
occupied
structures
on
his
property,
drawing
a
line
between
isn't
actually
going
to
result
in
any
additional
burden
and
we
go
well
okay.
A
We
want
to
make
sure
that
chew
doesn't
become
four
and
that
somebody
then
turns
around
and
says
I
want
to
build
an
accessory
dwelling
unit
here,
whereas
from
what
we're
starting
out
with
right.
Now,
if
you
had
two
occupied
structures
on
one
lot
and
you
applied
for
an
Adu
the
instrument,
you
know,
if
we
put
a
restriction
on
the
sad
can't,
you
can't
put
an
accessory
apartment
on
this
lot.
I
mean.
Certainly
the
people
that
came
in
and
applied
for
the
variants
would
know
about
it.
A
B
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.
B
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.
B
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
use
variance
for
this
additional
home.
You
can't
do
any
anymore,
and
so,
when
you
go
into
the
building
department
with
with
the
building
permit
application
to
build,
you
know
an
accessory
apartment
or
another
structure.
B
A
Especially
if
it's
a
period
of
time
has
gone
by,
I
could
definitely
see
the
building
department
approving
plans
without
anybody
digging
back
on
30
years.
What's
on
file
for
30
years
ago,
and
then
a
property
owner
who's
like
I,
mean
okay,
I
guess
I
could
have
looked
in
the
city's
files,
but
I
didn't
you
know
I
built
structure.
The
city
gave
me
a
permit.
Well.
B
Then
they'll
know
right
off
the
bat
that
there's
something
wrong
with
that
property
because
it
doesn't
comply
with
zoning,
so
they're
going
to
determine
whether
it's
a
legal
non-conforming.
You
know
they'll
have
to
find
that
resolution
to
figure
out
well
where's
the
set.
Why
is
the
setback?
Why
was
this
small
setback
permitted
or
or
was
it
not
permitted
and
they
just
did
what
they
want?
B
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.
I.
A
Know
we
need
to
get
into
the
I
know
we
need
to
get
into
the
meeting,
but
just
I
guess
the
question
I
would
close
with
is
okay,
so
I
mean
when
the
city
sells
a
tax
property.
You
know
like
a
tax
link
property.
Usually
these
things
are
falling
to
development
conditions
attached
to
them.
The
way
this
is
done
is
they
file
the
deed
with
the
county
that
says
this
deed
is
reverting
to
the
city.
If
all
these
conditions
are
met
in
that
way,
anybody
who's
thinking
about
buying
this
property.
A
F
A
What
do
we
have
the
ability
to
say
if
you
want
this
condition?
We
want
a
new
deed
recorded
so
that
the
world
world
is
unnoticed
that
this
restriction
applies
going
forward
and
it's
not
a
situation
where
30
years
from
now,
no
one
finds
out
until
they
put
this
application
into
the
City
and
the
city
says:
oh,
you
know
we
were
digging
through
a
files,
and
we
found
this
thing
that
that
it's
a
question
that
I've
had
before
it
hasn't
directly
come
up.
Well,.
B
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
the
and
the
concern
is
well
right.
Now,
in
this
area,
occupied
by
the
one
or
potentially
two
wads,
we've
got
two
structures:
yeah,
we
don't
do
anything.
There
won't
be
any
more
than
two
structures:
it'll
be
a
pre-existing
non-conformity.
A
A
B
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
mat.
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,
they're
building
application
they're
going
to
see.
B
Well,
you
know
this
doesn't
comply.
The
accessory
structure
would
only
be
be
permitted.
There
are
other
limits
at
play,
right,
you're,
going
to
have
to
deal
with
your
setback
requirements.
So
if
your
house
isn't,
if,
if
the
lot
is
non-conforming
and
now
you're,
building
an
accessory
apartment,
I
hope
I'm
I'm,
assuming
you
know
very
likely-
that
that
accessory
apartment
is
probably
not
going
to
be
able
to
meet
setbacks
and
the
building
Department's
going
to
see.
B
Because
it's
going
to
be
on
a
survey
they're
going
to
have
to
show
what
the
setbacks
are
so
automatically
someone's
going
to
see
that
this
lot
doesn't
comply
and
now
what's
going
on
now,
if
it
does,
if
it
does
comply,
there
might
not
be
anything
restricting
them
from
having
you
know
an
accessory
apartment
but
they're
going
to
see
that
it
doesn't
comply.
They're
going
to
look
for
that
variance
and
notice
the
restrictions
at
that
point,
I
mean
that's
what
the
building
department
does
that's
their
job.
A
F
B
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
packet.
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.