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From YouTube: Beacon Zoning Board Training 4-19-22
Description
City of Beacon Zoning Board training session with case law updates continued.
B
A
So,
under
under
general
city
law,
section
81c,
any
person
or
persons
jointly
or
severally
agreed
by
any
decision
of
the
board
of
appeals
or
any
officer,
Department
board
or
Bureau
of
the
city
May
apply
to
the
Supreme
Court
for
review
by
a
proceeding
under
article
78
of
the
Civil
practice
law
and
rules.
Such
a
proceeding
shall
be
instituted
within
30
days
after
the
filing
of
a
decision
of
the
board
in
the
office
of
the
city
clerk.
A
C
A
State
of
of
the
county
yeah
it's
the
county,
so
Duchess
County
Clerk
gets
the
petition.
So
you
have
30
days
from
the
filing
of
the
decision.
The
statute
of
limitations
for
article
78
proceedings
is
generally
four
months
after
a
determination
becomes
final
under
the
Civil
practice
law
and
rules,
section
217,
subsection,
1.,
that's
what
we
call
cplr.
So
you
might.
This
all
turns
into
alphabet
soup,
but
the
cplr
has
a
has
a
four-month
statute
of
limitations.
A
However,
section
217
1
qualifies
the
four-month
period
by
recognizing
that
a
shorter
time
may
be
provided
in
the
law
authorizing
the
proceeding
so
for
Decisions
by
the
zba
general
city
law.
Section
81c
is
the
authorizing
statute.
It
provides
then
article
78
must
be
instituted
within
30
days
after
the
filing
of
the
decision
in
the
office
of
the
town
clerk.
So
the
decision
is
filed
in
the
office
of
town
clerk.
Then
you
have
30
days
to
file
your
petition
with
the
Dutchess
County
Supreme
Court
Clerk.
A
A
So
filing
of
a
of
the
decision,
what
does
that
mean?
So
a
zoning
or
planning
board
concludes
its
review
of
a
land
use
application
when
it
renders
its
final
decision
on
the
application.
The
decision
may
be
in
the
form
of
a
vote
by
board
members
taken
at
a
public
meeting
or
in
a
written
decision
approved
by
the
board.
So
we
prepare
our
formal
resolutions,
but
that's
not
required
in
every
municipality
general
city
law,
section
81,
9
states
that
filing
of
a
decision
and
notice
or
pertains
to
filing
of
a
decision
and
notice.
A
The
decision
of
the
board
of
appeals
on
the
appeal
shall
be
filed
by
the
office
of
the
city,
clerk
or
the
zoning
office.
If
such
office
has
been
established
within
five
business
days
after
such
decision
is
rendered
and
a
copy
thereof,
mailed
to
the
applicant,
the
statute
does
not
require
that
filing
with
the
clerk
of
the
municipality
indicate
individual
member
votes.
Nor
does
the
failure
to
include
such
information
of
the
filing
alleviate
petitioners
need
to
observe,
observe
the
statute
of
limitations,
so
the
requisite
filing
of
the
decision
has
to
take
place
within
five
business
days.
A
After
the
day
the
decision
is
rendered
and,
like
I
said,
the
law
further
requires
that
a
copy
of
the
decision
be
mailed
to
the
applicant,
but
it
does
not
specify
a
time
frame
within
which
the
mailing
must
occur.
The
time
frame
is
only
the
filing
of
only
the
filing
of
the
decision.
The
filing
of
a
written
decision
will
start
the
running
of
the
30-day
period
that
30-day
statute
of
limitations.
A
However,
several
courts
have
held
that
the
limitations
period
may
also
be
triggered
by
the
filing
of
minutes
of
a
meeting
at
which
a
decision
was
rendered,
provided
that
the
minutes
reflect
the
vote
of
each
board
members.
While
a
decision
doesn't
have
to
reflect
the
vote,
you
know
your
resolution
doesn't
necessarily
have
to
say
how
everyone
voted.
A
The
minutes
absolutely
do
and
that's
a
requirement
in
general
city
law
and
in
the
open
meetings
law,
so
failure
to
commence
a
proceeding
within
this
time
within
the
30
days
requires
dismissal
of
the
petition
and
I
keep
using
this
word
petition.
That
is
the
document
that
starts
the
proceeding.
That's
what
you
file
with
the
court.
Does
everyone
follow
so.
C
A
That's
actually
what
we're
going
to
be
talking
about,
but
it's
their
responsibility
and
when
I
say
they
oftentimes,
the
petitioner
is
the
person
that's
filing
the
petition,
appealing
the
the
zba
decision.
So
if
I
say
any
legal
terms
that
are
unclear,
just
let
me
know,
but
so
it's
your
responsibility
to
follow
up
with
the
city
to
see
if
it
was
filed
with
the
city
clerk,
so
that
might
mean
calling
the
city
clerk's
office
or
filing
for
a
foil
request.
Just
staying
on
top
of
you
know.
A
Where
is
that
decision,
because
it
seems
straightforward,
it's
30
days
from
the
filing
of
the
decision,
but
we're
going
to
see
there's
a
lot
of
nuances
to
that
and
it
is
a
complicated
issue
and
it's
important
to
stay
on
top
of
because,
if
the,
if
you
mess
up
that
30
days,
if
you
miscalculate
by
one
day
your
petition's
dismissed
you're
done
and
you
can't
you
lose
the
opportunity
to
take.
You
know
your
appeal
to
court:
there's
no
going
backwards.
C
A
So
I
mean
the
the
filing
has
to
take
place
within
five
days
after
the
day
the
decision
is
rendered,
but
we'll
see.
Does
that
really
impact
the
statute
of
limitations?
If
you
mess
that
up,
it's
so
and
and
I
think
it's
it's
important.
This
issue
you
know
is
is
important,
one
if
you
guys
ever
want
to
take
in
article
78
for
a
project
you're
working
on
and
wherever
it
may
be
more.
A
B
A
A
set
of
facts
to
it
and
it's
not
so
straightforward
anymore,
so
that
brings
me
to
and
these
aren't.
This
is
not
a
case
law
update.
These
aren't
new
cases
across
the
board.
They're
from
you
know,
different
years,
I
don't
think
I
went
back
farther
than
1991
might
be
the
oldest
one,
but
these
are
not
like
super
recent
anyway.
A
A
A
A
Meanings
of
such
board
of
appeals
shall
be
open
to
the
public
to
the
extent
provided
in
article
7
of
the
public
officer's
law.
Such
board
of
appeals
shall
determine
minutes
of
its
proceedings,
showing
the
vote
of
each
member
upon
every
question
or,
if
absent
or
failing
to
vote,
indicating
such
fact
and
shall
also
keep
records
of
its
examinations
and
other
official
actions.
A
And
and
section
81
A2
also
talks
about
filing
requirements,
and
it
says
every
rule,
regulation,
every
Amendment
or
repeal
thereof,
and
every
order,
requirement,
decision
or
termination
of
the
board
of
appeals
shall
be
filed
in
the
office
of
the
city
clerk
within
five
business
days
and
shall
be
a
public
record.
So
there's
two
documents:
you
have
meeting
minutes
and
a
decision.
A
Now
some
municipalities
incorporate
their
decisions
in
their
meeting
minutes
and
only
have
one
document,
so
it
becomes
even
more
complicated
because
you're
not
getting
the
same
necessarily
the
same
document
in
every
municipality,
so
being
a
a
land
use
attorney.
You
got
to
kind
of
stay
on
your
toes
and
know
what
you're
looking
for
so.
A
A
B
A
C
A
Talking
we're
not
talking
about
the
set
we're
just
looking
at
these
cases
for
statute
of
limitations
issues
and
a
lot
of
the
times
once
the
courts
decide
whether
or
not
the
statute
of
limitations
pass.
That's
usually
the
first
question
they
won't
go
on
to
elaborate.
You
know
how
they
would
have
come
out
on
the
issue.
You
know,
statute
of
limitations
passed
were
done
here.
A
on
February
10
1989,
the
Appellate
commenced
a
cplr
cplr
article
78,
proceeding
to
set
aside
the
granting
of
the
variants
was
the
filing
of
the
minute
sufficient
to
begin
the
running
of
the
statute
limitations.
So
was
no
decision.
They
voted
orally
and
then
filed
their
minutes.
Was
that
sufficient
to
start
the
clock.
A
A
So
the
law
permits
a
person
aggrieved
by
a
zoning
board
of
appeals,
decision
to
challenge
that
decision
in
an
article
78,
but
requires
that
the
proceeding
be
instituted
again,
the
real
rule
within
30
days
after
the
filing
of
the
decision
in
the
office
of
the
clerk.
In
this
case
the
appellant
commenced.
The
article
78
preceding
37
days
after
the
minutes
incorporating
the
respondents
to
the
zba's
decision
were
filed
in
the
office
of
the
Village
Court
Village
Clerk.
A
C
A
A
A
Or
the
other
could
so
you
so
applicants
or
neighbors
or
attorneys,
they
ever
needs
to
pay
attention
to.
What's
going
on,
there's
no,
you
know
we
say
our
common
practice,
but
you
can't
hang
your
hat
on
that.
You
know
someone
can't
write,
submit
a
document
saying
well.
The
city
of
Beacon
zoning
board
attorney
said
that
this
is
what
happens
you
know
what
actually
happened
is
what
is
what's
going
to
count.
B
A
C
A
A
C
A
So
the
third
Department
held
that
the
evidence
provided
sufficiently
established
the
dates
the
minutes
were
filed,
which
were
more
than
30
days
before
the
challenges
by
the
petitioners
were
initiated
for
purposes
of
calculating
the
period
for
seeking
review
of
these
determinations
delivery
of
the
minutes
of
meetings
to
the
town
clerk
is
equivalent
to
filing
the
decision
decision
so
as
to
trigger
the
30-day
appeal
provision.
So
a
mere
delivery
of
the
meeting
minutes,
reflecting
the
board's
vote
to
the
municipal
clerk
is
equivalent
to
filing
the
decision.
A
It's
it's
interesting
in
my
position
because
you
know
my
firm
does
work
on
both
sides
representing
applicants
representing
boards,
and
you
know
some
of
the
laws
we
appreciate
and
some
are
frustrating
it's
definitely
not
necessarily
fair,
but
there's
a
lot
of
pressure
on
the
applicant
or
anyone
who
wants
to
file
an
article
78
to
stay
on
top
of
it
because,
as
you're
seeing
in
these
cases,
it's
not
consistent.
So
you
know
making
sure
you're
following
up
with
the
clerk,
because
that's
what
starts
the
clock?
What's
getting
there?