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From YouTube: Beacon Zoning Board Training 1-18-23
Description
Overview of responsibilities of the Zoning Board of appeals.
B
Right
guys
well,
Stowe
can
watch
this.
We
have
a
new
board
member.
His
name
is
still
Boyd
he'll
be
joining
us.
Hopefully,
next
month,
he's
not
feeling
a
little
under
the
weather
tonight,
but
we
have
been
him
and
I
have
been
in
touch
so
I
kind
of
gave
him
the
rundown
of
what
the
responsibilities
are.
B
We
talked
briefly
about
the
applications,
not
not
that
that
matters
so
much
anymore,
but
I
will
be
making
sure
that
he
watches
this
because
today's
topic,
what's
going
to
start
us
off
for
the
year,
is
an
overview
of
the
responsibilities
of
the
zoning
board
of
appeals,
so
I
put
together
a
fresh
new
PowerPoint
I'm,
pretty
pumped
about
this
spent
all
day,
Monday
working
on
it
pretty
good.
Although
constructive
criticism
is
appreciated,
so
it's
okay.
B
So
let's
get
started.
The
format
of
this
presentation
is
that
I've
kind
of
interspersed
questions
throughout
the
presentation
after
each
question,
we'll
talk
about
the
answer
and
and
why
the
answer
is
what
it
is
so
I
instead
of
an
ABCD,
all
the
questions
have
numbers
so
I'm
going
to
read
the
question,
we'll
read
the
answers
and
then
I
want
you
to
hold
up
either
one
two,
three
or
four
for
the
answer.
A
B
I
know
I
didn't
want
to
make
tabs
again.
I
was
running
a
little
bit
behind
and
everybody
lost
them
last
time,
so
we're
doing
numbers
today.
So,
let's
start
off
with
what
is
zoning?
Is
zoning
a
land
use
tool
designed
to
help
Implement
a
municipality's,
comprehensive
plan,
laws
that
organize
how
land
may
be
used,
laws
that
govern
how
large
buildings
can
be,
how
they
are
built
and
what
they
are
used
for
or
all
of
the
above.
B
Laughs,
how
are
you
doing
individually?
No,
no.
This
is
great
collectively
great.
You
guys
are
all
correct,
so
we
we're
off
to
a
good
start.
The
state
of
New
York
grants
authority
to
municipalities
to
enact
local
laws
to
perform
governmental
functions
through
its
Constitution
and
its
statutes.
Future
growth
and
development
of
the
municipality
is
controlled
by
zoning,
which
furthers
the
objectives
of
the
comprehensive
plan.
Zoning
regulations
include
specifications
regarding
lot
size
density,
bulk
height
and
floor
area
ratio
just
to
name
a
couple
things
now.
B
The
comprehensive
plan
is
the
culmination
of
a
planning
process
that
establishes
the
official
land
use
policy
of
a
community
and
presents
goals
and
a
vision
for
the
future
that
guides
official
decision
making.
So
the
city
of
Beacon
updated
its
comprehensive
plan
or
master
plan
completely
in
2007
and
then
adopted
a
comprehensive
Plan
update
in
2017..
You
want
to
do
this
about
every
10
years.
B
Some
municipalities
do
it
shorter
or
maybe
every
five
some
municipalities
haven't
looked
at
their
comprehensive
plan
in
like
five
years,
but
this
is
your
plan
for
the
future,
and
things
come
up
that
require
the
comprehensive
plan
to
be
updated
to
change.
To
reflect
the
goals
of
the
municipality,
now,
our
goals
might
focus
more
on
electrification
of
buildings
back
in
2007.
That
definitely
wasn't
a
thing
that
would
come
up.
B
So
2017
will
probably
look
at
this
again,
maybe
2027.
So,
like
I,
said
every
10
years
now.
Zoning
has
three
components:
it
regulates
the
uses
allowed
in
each
district,
for
example,
districts
might
be
divided
into
their
simplest
form
as
residential
commercial
light,
industrial
and
heavy
industrial
with
specific
uses
permitted
in
one
or
more
districts
or
some
combination
of
uses.
B
Zoning
regulates
how
intensely
uses
may
be
developed
by
setting
minimum
and
or
maximum
lot
sizes.
Aka
regulating
density
and
restricting
the
number
of
residential
office
or
other
units
allowed
in
buildings
within
zoning
districts
density
can
also
be
regulated
by
establishing
setback
requirements
or
minimum
lot
sizes.
Things
like
that,
and
then
zoning
regulates
where
on
a
parcel,
primary
and
accessory
structures
can
be
built
again
through
setbacks,
height
limitations,
limitations
on
buildings
in
certain
areas,
such
as
floodplains
or
steep
slopes.
B
B
B
Now,
that's
really
interesting,
because
that
section,
unlike
planning
boards
and
unlike
maybe
your
Architectural
Review
boards,
the
state
law,
says
that
every
municipality
with
a
zoning
code
has
to
have
a
zoning
board
of
appeals.
It
is
not
a
recommendation,
it's
not
a
May,
it's
a
shall
you
have
to
have
it
and
that's
an
81b
and
then
our
city
code,
section
2,
I,
think
225
55
also
kind
of
reiterates.
What's
in
the
general
city
law
and
sets
forth
the
you
know,
use
variance
standards.
What
the
jurisdiction
of
the
zoning
board
of
appeals
is.
B
So
the
authority
does
not
come
from
the
city
code,
our
city
code,
mimics.
What
is
in
the
state
law
the
role
of
the
zoning
board
of
appeals?
First
and
foremost,
you
guys
are
a
public
body
and
we've
talked
about
this
many
times
and
what
that
means
I
mean
you
are
subject
to
the
open
meetings
law.
All
your
discussions
about
applications
have
to
be
made
in
public
or
all
your
discussions
about
City
business
at
all
have
to
be
made
in
public.
You
have
to
have
your
meeting
minutes.
B
Your
decisions
have
to
be
made
available
to
the
public
and
filed
with
the
clerk.
All
that
good
stuff,
like
I,
said
before
every
municipality
with
zoning
has
to
have
a
zoning
Board
of
Appeals.
You
guys
act
as
the
safety
valve.
You
keep
the
zoning
restrictions
from
being
overly
rigid.
There
has
to
be
some
flexibility
to
accommodate
for
unique
circumstances
right.
You
exist
primarily
for
your
appellate
function.
You
act
as
a
buffer
for
aggrieved
applicants
between
decisions
of
the
zoning
enforcement
officer
or
the
building
inspector
and
the
state
supreme
court.
B
So,
instead
of
suing
the
city
for
everything,
a
lot
of
those
issues
can
come
to
the
zoning
board
of
appeals
for
discussion,
and
the
state
requires
that
you
do
at
least
four
hours
of
training.
So
that's
why
we
have
these
training
sessions
before
every
meeting
so
that
you
satisfy
those
requirements,
and
we've
talked
about
that
training
before
you
are
free
to
do
more
training.
B
Those
hours
can
carry
over.
If
you
do
two,
you
know
more
than
the
four.
If
you
find
an
interesting
program,
feel
free
to
share
with
all
of
us,
and
you
can
do
training
that
way.
But
we've
talked
about
that
plenty
of
time.
So
I
don't
want
to
avoid
you
too
much,
but
any
training
questions
always
just
shoot
me
an
email,
and
we
can
talk
about
that.
B
Okay,
that's
the
right
answer.
So
what
is
it
for?
We?
We
regularly
do
use
in
area
variances
everybody
got
that
part
right.
What
is
not,
what
is
not
an
an
always
requirement
are
site
plan
and
special
use
permits.
Municipalities
are
free
to
give
the
zoning
board
more
Authority
if
they
so
choose.
But
what
is
mandated
in
general
city
law
is
that
a
zoning
board
exists
to
review
interpretations
and
to
review
variances.
You
are
not
there.
You
do
not
exist
under
general
city
law
for
site
plan
review
or
special
use
permit.
B
So
this
one
was
a
little
tricky.
That's
not
to
say
you,
the
city
can't
Grant
you,
those
that
review
Authority.
But
the
question
is
what
what
functions
must
the
zba
always
perform?
And
you
are
always
responsible
for
interpretations
of
zoning
and
the
rulings
of
zoning
enforcement
officers
and
use
in
area
variances.
C
A
B
It
is
the
building
inspector
in
the
city
of
Beacon,
some
in
some
municipalities.
They
go
by
the
code
enforcement
officer,
sometimes
there's
a
zoning
enforcement
officer
under
a
different
title,
but
in
Beacon
we
just
have
the
building
inspector
and
the
deputy
building
inspector
and
they
fulfill
those
roles.
B
So
I'll
try
and
change
up
what
what
phraseology
I'm
using
all
right.
Another
question
to
appear
in
front
of
the
zoning
board
of
appeals
and
individual
needs
to
have
the
zoning
enforcement
officer
deny
them
a
permit
to
have
the
zoning
enforcement
officer
cite
them
with
a
violation
to
apply
directly
to
the
zba
for
an
area
variance
in
connection
with
an
application
for
a
site
plan,
special
use,
permit
or
subdivision
plot
or
any
of
the
above
to
have
occurred.
B
Okay,
so
the
answer
is
any
of
the
above.
The
main
route
for
the
zoning
board
of
appeals
is
through
the
building
inspector
he
going
to
be
the
one
that
gets
you
to
the
Zoning
Board
of
Appeals.
The
thing
you
can't
do
is
just
apply
to
the
zba
without
having
interacted
with
the
building
inspector.
In
some
way,
you
need
to
submit
some
sort
of
application
to
the
building
department
to
get
here.
Nobody
has
a
right
just
to
come
directly
to
the
zoning
board
of
appeals.
What.
B
B
The
state
statutes
do
authorize
the
zba
to
hear
a
direct
appeal
when
an
applicant
is
submitting
an
application
for
a
site
plan,
special
use,
permit
or
subdivision
review,
and
you
need
an
area
of
variance
application
but
again
you're
submitting
an
application
to
the
building
department.
First,
they
review
it
and
determine
that
you
need
a
variance
and
then
then
you
come
well.
Then
you
go
to
the
planning
board.
Then
you
come
here
so
again,
there's
no
direct
Pathway
to
the
zoning
board
of.
B
All
right
so
other
potential
applicants
to
the
zoning
board.
Like
we
kind,
we
talked
about
a
an
applicant
for
a
land
use
approval
or
a
permit,
or
a
person
cited
with
a
zoning
violation,
a
neighbor
or
other
third
party
who
stands
to
be
harmed
by
the
decision
of
the
zoning
enforcement
officer.
So
again,
in
this
case,
the
building
inspector
issues
a
permit
and
the
the
neighbor
feels
that
they're
going
to
be
injured
in
some
way.
Then
they
can
make
that
appeal
to
the
zba.
B
B
So
you
can
file
an
appeal
of
the
building,
inspector's
determination
within
60
days
after
the
building
inspector
files,
the
decision
in
his
or
her
office,
the
category
of
appellants,
has
60
days
from
the
date
they
obtain
or
should
have
obtained
knowledge
of
the
zoning
in
at
the
building
inspector's
decision
to
file
their
their
appeal.
That
time
frame
is
in
the
city
code.
That's
60
days,
you
can
appeal
any
decision
from
the
building
inspector
or
any
other
department
board
or
I.
B
Don't
we
don't
have
any
bureaus,
but
any
department
or
Board
of
the
city
and
so,
for
example,
a
planning
board
member,
even
one
who
doesn't
live
anywhere
near
the
subject?
Property
could
appeal
a
decision
to
the
Zoning
Board
of
Appeals,
appealing
a
decision
of
again
any
Department
board
or
the
building
inspector.
B
A
B
B
I'm
thinking
of
a
good
decision
of
a
historic
commission
that
might
get
filed,
you
might
be
able
to
appeal
that
decision
to
the
zoning
board
if
you're
appealing
an
interpretation
that
they
had,
you
might
also
be
able
to
one
other
correction.
Let's
say
the
planning
board
makes
an
interpretation
of
a
zoning
code
provision
and
somebody
disagrees
with
that
interpretation.
They
could
file
an
appeal
to
the
zoning
board
of
appeals
on
the
issue
of.
Did
we
don't?
We
disagree
with
this
interpretation.
B
It
would
be
an
appeal
it
would
be
an
article
78.,
so
there's
nowhere
to
go
after
the
zba,
except
to
the
Supreme
Court,
but
I
guess
in
certain
instances
like
if
and
I
did
have
a
case
where
the
planning
board
made
a
decision
and
that
decision
they
disagree.
They
filed
their
article
78,
but
they
also
sought
an
interpretation
from
the
zoning
board
of
appeals
as
well
so
I
guess.
That
would
be
an
instance
where
the
board,
the
decision
of
the
board,
would
go
to
the
zba.
So
it's
very
specific.
B
Oh,
these
are
great
questions
because
sometimes
I'm
putting
this
together
and
I'm,
not
I'm
like
okay
yeah.
This
reading
it
on
paper
makes
sense,
but
you
have
to
think
practically.
How
is
this
going
to
work
in
Beacon?
You
know
all
right.
So
actually,
that's
that
was
a
good
transition
into
interpretations
of
the
zoning
code.
B
So
an
application
May
apply.
An
applicant
May
apply
to
the
zoning
board
of
appeals
for
interpretations
of
the
zoning
code,
so
an
interpretation
when
he
or
she
believes
the
building
inspector
has
wrongly
interpreted
the
zoning
regulations
when
they
believe
they
want
to
seek
an
interpretation
about
what
the
correct
method
is
for
measuring
required
distances.
Do
they
measure
it
from
the
door?
Do
they
measure
it
from
the
property
line,
which
is
correct?
Only
the
zoning
board
can
answer
that.
B
B
So,
although
those
are
like
the
standard
questions
for
interpretation,
that
could
come
before
the
zoning
board
of
appeals-
and
we
don't
get
a
lot
of
those
questions,
but
it's
important
to
know
that
we
one
that
we
can
and
to
what
questions
we
might
look
at
and
then
what
the
standard
is
applicant
applicants
for
interpretations
most
often
believe
their
proposals
are
permitted
by
zoning.
Right,
like
everybody
thinks
they're
right
and
although
the
building
inspector
has
ruled
otherwise
they
might
disagree
with
that
ruling
and
that's
what
brings
them
to
the
zoning
Board
of
Appeals.
B
In
addition,
neighboring
Property
Owners
may
also
appeal
for
interpretations
when
they
disagree
with
the
building
inspector's
determination
that
a
proposal
does
comply,
does
comply
with
zoning
and
qualifies
for
a
building
permit.
So,
for
example,
The
Zone
local
zoning
regulations
in
the
village
of
Owen
require
that
adult
uses
be
located
at
least
500
feet
from
places
of
worship.
The
building
inspector
interprets
the
law
to
mean
measurements
are
taken
from
the
property
line
of
the
place
of
worship
to
the
closest
property
line
of
the
lot
and
which
building
proposed
for
the
adult
use
is
located.
B
A
B
Don't
use
don't
use
his
man
so
when
these
interpretations
come
before
the
board,
what
happens
so?
The
zoning
board
bases
its
interpretations
on
four
General
types
of
information.
The
first
is
past
decisions,
the
zba,
the
past
decisions
that
the
zba
has
made
on
similar
matters.
How
have
you
ruled
on
prior
applications
or
on
prior
questions
of
of
interpretation
on
this
particular
issue?
The
current
interpretation
applied
in
the
case
at
hand
should
be
similar
to
what
you've
done
in
the
past
unless
new
information
or
new
policies
have
been
established.
B
The
second
type
of
information
is
records
of
a
governing
board's
discussions
when
adopting
the
zoning
regulations
so
minutes
and
recorded
comments
for
meetings
or
hearings
at
which
the
zoning
regulations
were
discussed
by
the
city
council
might
reveal
to
the
zba
what
was
intended
when
the
provision
up
for
interpretation
was
adopted
and
discussed.
So,
for
example,
in
interpreting
the
definition
of
restaurant
versus
nightclub
minutes
of
past
City,
Council
meetings
could
have
included.
Concerns
about
proliferation
of
night,
nightclubs,
downtown
or
issues
about
traffic
or
lighting,
and
all
those
would
help
the
city.
B
The
zoning
board
make
a
determination.
Noise
could
be
something
that
comes
up
minutes
of
meetings
at
which
the
comprehensive
plan
was
considered,
may
also
capture
a
discussion
that
separates
commercial
uses
that
that
a
separate
commercial
District
should
be
created
to
keep
establishment
whose
primary
business
is
serving
alcohol
and
providing
live,
music
and
entertainment
off
Main,
Street,
so
you're,
looking
at
meeting
minutes
related
to
adoption
of
the
city
code,
meaning
that
it's
pertaining
to
things
in
the
comprehensive
plan
all
to
give
a
little
bit
more
insight
about
what
the
intent
was.
B
B
B
Finally,
with
no
other
guidance,
a
board
May
accept
testimony
and
use
discussions
of
the
zoning
board
to
arrive
at
a
common
sense
interpretation.
At
the
end
of
the
day,
you
have
to
take
a
common
sense
approach.
What
makes
sense,
what's
going
to
serve
the
community
and
achieve
the
goals
that
are
set
forth
in
the
comprehensive
plan
and
the
city
code.
Now,
ultimately,
when
you
receive
an
inter
a
request
for
an
interpretation,
you
look
at
it
and
make
a
determination
that
you
believe
ought
to
have
been
made
in
the
first
place.
B
That's
the
standard,
and
you
use
these
four
categories
to
make
that
decision,
and
you
can
look
at
why
what
may
have
influenced
the
building
inspector's
determination.
But
at
the
end
of
the
day,
it
is
the
zoning
board's
interpretation.
So
you
need
to
make
sure
that
it
is
supported
and
we'd
always
have
to
include
as
we
as
we
always
discuss
a
substantial
record
documenting
the
reasons
for
the
ultimate
decision
and
I.
Think
if
we
have
a
request
for
an
interpretation.
We'd
obviously
go
through
these
standards
again
and
talk
about
this
in
a
little
more
detail.
B
Oh,
my
God,
it's
just
not
enough
time
all
right
next
question.
How
many
parts
of
the
five-part
area
variance
test
must
an
appeal
pass
to
receive
an
area
of
variance?
Is
it
all
five
a
majority?
It's
not
a
matter
of
passing
the
test.
It's
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
or
the
municipal
board,
establishes
that
number.
B
So
this
is
the
five
part
area
variance
test,
and
we
refer
to
that
as
our
balancing
test
right,
you
don't
need
to
prove
that
yeah.
You
don't
need
to
demonstrate
that
you
meet
three
out
of
the
five
you
could
just
meet
one,
but
if
that
one
is
in
support
and
the
balance
outweighs
the
benefit
outweighs
any
potential
negative,
then
you're
going
to
Grant
the
variance
right.
So
the
answer
for
this
one
is
three,
because
it's
not
a
matter
of
passing.
B
A
B
B
Now,
I
have
one
more
time.
No
well
I
have
one
more
question,
because
I
know
we're
just
out,
but
I
I
think
to
kind
of
before
we
lead
in
this
will
be
like
the
Cliffhanger.
Although
I'll
give
I'll
give
you
the
answer,
although
I
think
you
guys
know
which
is
not
a
factor
in
the
area
variance
test,
is
it
whether
an
undesirable
change
would
be
produced
in
the
character
of
a
of
the
neighborhood
or
a
detriment
to
nearby
properties?
B
Whether
the
benefits
sought
by
the
applicant
can
be
achieved
by
a
feasible
alternative
to
the
variants?
Whether
the
requested
variance
is
substantial,
whether
the
alleged
hardship
relating
to
the
property
is
unique
and
whether
the
variance
would
have
an
adverse
impact
on
the
physical
or
environmental
conditions
of
the
neighborhood.
B
Oh
boy,
guys,
no,
no,
no,
no
Jordan
got
it
right,
oh
and
and
I'm
sorry,
mantos
got
it
right,
I'm,
so
sorry,
mantis
Jordan's
hand
was
blocking
blocking
your
hand
at
first,
my
apologies,
so
the
alleged
hardship
relating
to
the
property.
It
doesn't
matter
whether
or
not
it's
Unique.
That
is
not
a
standard
in
the
area
of
variance
test.
One
two
three
and
five
are,
but
there
is
one
missing
which
bonus
question,
which
factor
is
missing:
they
need
to
get
the
first
question.