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From YouTube: Zoning Board Training 3-21-23
Description
The City of Beacon Zoning Board "Overview Training" from March 21, 2023
A
So
guys
we
are
going
to
finish
up
tonight.
The
overview
training,
so
I
thought
that's
kind
of
fitting,
because
we've
been
working
on
it
for
three
months
and
this
will
kind
of
round
out
my
last
night
and
then
your
overview,
then
we're
going
to
pass
it
on
to
George
I've
already
set
him
up
with
a
with
a
training
session
in
the
queue
so
he'll
he'll
provide
the
same
quality,
hopefully
no
whip
them.
A
No
he'll
be
good,
he'll
be
good,
so
we're
gonna
go
we're
gonna
start
where
we
picked
off
last
pick
left
off
last
time,
but
as
we
move
to
these
slides,
if
there's
any
questions
about
any
of
the
work
that
we
previously
talked
about,
just
stop
me
and
let
me
know-
and
we
can
go
back
to
it.
So
we
talked
about
what
is
zoning
and
what
is
the
comprehensive
plan,
the
components
of
a
comprehensive
plan
and
your
zoning
code?
A
A
We
talked
about
the
area
variance
test
now,
just
real
quick,
which
one
is
not
a
factor
in
the
area:
variance
test,
whether
an
undesirable
change
would
be
produced
in
the
character
of
the
neighborhood
or
a
detriment
to
nearby
properties.
Whether
the
benefits
sought
by
the
applicant
can
be
achieved
by
a
feasible
alternative
to
the
variants,
whether
the
requested
variance
is
substantial,
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
remember.
A
D
A
A
D
A
A
So
we
talked
about
that.
We
talked
about
use,
variance
test,
focusing
on
your
return
on
investment
and
get
you
have
having
to
demonstrate
with
dollars
and
cents
proof,
and
we
talked
a
little
bit
about
what
dollars
and
cents
proof
means.
I
won't
go
back
through
that.
We
talked
about
illustrations
of
financial
evidence.
We
talked
about
that
uniqueness.
Well,
uniqueness
is
not
a
factor
for
the
area
variance
test.
It
is
a
factor
for
the
use
variance
test.
A
We
talked
about
you
unique
circumstances
and
some
examples,
and
this
is
where
we
left
off.
So
we
are
in
the
middle
of
going
through
the
use
variance
tests.
We
talked
about
dollars
and
cents,
proofs
and
financial
hardship.
We
went
on
to
uniqueness
now
we're
at
character
of
the
neighborhood,
so
remember
that
you
have
to
consider
the
character
of
the
neighborhood
when
you're
looking
at
use
variants
and
what
are
some
factors
that
would
illustrate
character
of
the
neighborhood.
A
Well
you're,
going
to
look
at
your
observations
of
the
neighborhood
when
you
guys
do
your
drive-bys,
that's
why
it's
so
important
both
for
area
variances
and
use
variances.
You
want
to
consider
the
expected
effect
of
a
proposal
on
the
neighborhood.
Is
it
going
to
change
parking
patterns,
noise
levels,
lighting
traffic,
so
you
want
to
consider
whether
the
use
requested
would
be
compatible
with
the
surrounding
uses.
So,
for
example,
is
it
going
to
create
any
safety
hazards?
Does
it
involve
storage
of
toxic
chemicals
or
blockage
of
Roads
during
service
deliveries?
A
A
No,
that
was
area
variance,
but
the
evaluation
for
that
standard
at
the
area,
variance
level
and
the
use
variance
level
is
the
same.
That
factor
carries
over
in
both
tests
in
area
variants.
It's
just
part
of
the
overall
balance
for
use
variants.
It
is
mandatory
that
it
will
not
have
an
impact
on
the
community
character,
so
diving
into
self-created.
Again
this
is
another
one.
That's
going
to
be
part
of
the
area
variants
and
the
use
variance
test.
A
A
However,
we
talk
about
this,
pretty
frequently
that
it's
that's
no
excuse
to
say
you
didn't
know.
Ignorance
of
the
law
is,
is
never
an
excuse
that
would
apply
in
any
situation
when
you're
talking
about
area
variances
and
use
variances
property
owners
are
bound
by
zoning
restrictions.
Even
if
they're
not
aware
of
those
zoning
restrictions,
you
have
a
responsibility
to
go
and
look
at
your
Municipal
zoning
code.
You
can
talk
to
the
building
inspector.
A
You
need
to
figure
out
what
you're
allowed
to
do
on
the
property,
so
an
applicant
who
buys
a
property
is
presumed
to
know
whether
his
or
her
intended
use
of
that
property
is
allowed
by
the
zoning
regulations.
If
it's
not
allowed,
the
applicant
is
essentially
creating
his
or
her
own
hardship
when
the
property
is
acquired.
A
The
zba
must
deny
that
applicants
requested
relief
in
that
case,
when
it
comes
to
use
variance
request.
The
potential
purchaser
of
the
property,
acting
as
a
contract
vendee,
for
example,
would
be
wise
to
apply
for
a
variance
before
the
property
changes
hands.
That
way.
If
you
don't
get
your
variance
you're,
not
out
of
luck,
sometimes
hardship
is
created
by
an
action
of
the
property
owner
after
they
purchase
the
property,
which
might
not
be
a
self-created
hardship.
A
For
example,
a
couple
purchase
purchases
residential
property
with
a
large
room
above
the
detached
garage,
spends
large
sums
of
money,
converting
the
room
into
a
dance
studio
and
finds
out.
They
cannot
operate
legally
when
the
zoning
enforcement
officer
finds
out
about
the
studio
and
issues
them
a
citation
if
they
apply
for
a
use
variance,
they
cannot
use
the
cost
of
renovation
in
their
hardship
argument,
because
the
cost
would
be
self-created.
A
So
they'd
be
out
of
luck.
That
is,
there's
no
No,
Way
Around
It
I.
One
of
the
examples
that
comes
up
about
what
is
an
acceptable.
What
is
not
self-created
is
an
example
where
they
purchase
the
property
and
they
wanted
to
build
I'm
forgetting
what
it
was,
but
some
commercial
use,
and
they
realized
that
the
soil
wasn't
going
to
allow
them
to
build
what
they
had
proposed
and
there
actually
wasn't
anything
else
they
could
do
on
the
property
because
of
the
soil.
A
Now,
George
later
on
in
the
year,
I've
already
advised
him
that
this
is
a
hot
topic
for
this
board
and
that
he
should
pay
attention
to
any
case
law.
That's
coming
out
about
self-created
hardships
to
create
a
better
idea
of
what
is
self-created
and
what's
not
self-created
the
courts.
Don't
really
like
to
talk
about
it.
They
try
not
to
evaluate
self-created,
but
George
will
find.
A
A
C
A
Well,
that's
a
good
question,
because,
knowing
what
that
law
is,
is
the
answer,
this
one
is
the
county
or
Regional
planning
agency?
That's
what
239m
requires
you
to
do
so
it's
intended
to
bring
Inter-Community
and
county-wide
planning
and
zoning
considerations
to
the
attention
of
neighboring
municipalities.
It
requires
local
boards
to
refer
certain
types
of
land
use
actions
to
the
County
Planning
agency.
A
If
the
subject
properties
of
the
applications
are
within
500
feet
of
certain
areas,
a
written
agreement
between
the
municipal
board
and
the
County
Planning
agency
can
list
types
of
applications
that
do
not
have
to
be
referred
to
the
county,
so
we
are
actually
in
an
exempt
community.
So
this
form
that
you
see
on
your
screen,
which
is
really.
D
A
Is
what
actually
gets
referred
so
Amanda
looks
up
whether
the
whether
the
application
is
is
located
within
500
feet
of
a
state
road,
County,
Road,
State,
Property,
County
property,
Municipal
boundary
or
a
farm
operation.
Those
are
the
the
triggers
the
500
feet
triggers
now.
Sometimes
you're
like
how
do
we
know
Duchess
County
is
great
and
they
have
a
website
where
you
type
in
the
address
and
it's
color
coded
and
based
on
the
color
codes.
A
A
Exactly
so
once
this
goes
out,
you
have
30
days.
You
have
to
wait
30
days
before
you
can
make
a
decision
if
the
30
days
passes
and
you
didn't
receive
anything
back
from
the
county
you're
free
to
move
forward,
but
the
county
is
pretty
good.
They'll
get
this
form
back
and
usually
it's
a
matter
of
local
local
concern,
but
sometimes
it's
local
concern
with
comments.
Sometimes
it's
a
denial.
If
it's
denial,
if
it's
a
denial,
then
you
have
to
do
it.
A
Yeah,
so
we
don't
really
deal
with
that.
If
any
of
the
issues
we're
dealing
with
go
to
the
county,
it's
usually
a
matter
of
local
concern
and
again
that
gets
handled
Adam
at
Amanda's
by
Amanda,
so
thanks
Amanda,
but
the
planning
board.
This
really
go.
If
you
ever
leave
the
zoning
board
and
go
to
the
planning
board
this
issue
and
making
sure
that
this
form
is
properly
referred
and
making
sure
you're
getting
the
county
comments
back
is
more
of
an
issue
for
the
Zoning
Board.
A
In
fact,
239
review
is
not
required
for
area
variances
concerning
Residential
Properties,
which
is
why
we
really
never
talk
about
it,
but
I
just
wanted
to
make
sure
you
guys
were
aware
and
also,
if
you
ever
leave
and
go
to
the
planning
board.
Now
you
like
know
what
the
gml
and
it's
not
usually
you
just
say
like
gml
referral
and
that's
what
this
is
referring
to.
A
So
so,
there's
another
section
under
General
Municipal
law,
section
239
double
n,
which
requires
that
notice
of
special
use,
permit
applications
and
application
for
use.
Variances
for
properties
within
500
feet
of
a
municipal
boundary
are
sent
by
regular
mail
or
electronic
mail
to
the
clerk
of
the
adjacent
municipality,
at
least
10
days
before
the
public
hearing.
A
A
Now,
conditions
of
approval-
this
is
something
we
deal
with
occasionally
where
we
talk
about
whether
or
not
a
condition
is
appropriate.
To
add
on
to
the
resolution
statutes
empower
the
zoning
board
when
granting
a
user
area
variance
to
impose
reasonable
conditions
and
restrictions
directly
related
to
an
incidental
to
the
proposed
use
of
the
property
conditions
are
meant
to
mitigate
the
impacts
of
the
approved
project
on
both
the
neighborhood
and
the
Integrity
of
the
zoning
law.
You
can't
just
add
a
condition:
that's
not
connected
with
the
with
the
project
right
it
has
to.
A
The
purpose
has
to
be
to
mitigate
some
sort
of
impact
you
anticipate
and
it
has
to
pertain
to
the
property
and
not
to
the
user,
so
some
acceptable
conditions
might
be
focused
on
traffic
control,
lighting
Landscaping,
requiring
fencing.
These
are
some
very
common
conditions
that
we'll
see,
but
some
improper
conditions
would
be
dedication
of
off-site
land.
It
would
be
improper
to
condition
a
variance
on
the
dedication
of
land,
not
part
of
the
application
you
it's
also
not
a
proper
for
to
condition
a
variance
on
the
removal
of
a
non-conforming
operation
on
a
different
parcel.
A
You
have
to
focus
on
the
property.
That's
in
front
of
you,
you
cannot
can
make
any
conditions
regulating
the
detail
of
the
business.
An
extreme
example
of
this
is
limiting
the
variance
to
the
current
operator
or
owner
of
the
business.
There
was
a
case
from
the
Supreme
Court
in
1988,
where
the
court
I'm
sorry,
not
the
Supreme
Court
the
court
of
appeals,
where
the
court
of
appeals
struck
down
a
condition
placed
on
the
grant
of
a
use,
variance
for
a
real
estate
office
that
restricted
the
variance
to
use
only
by
the
then
current
owner.
A
Again,
these
variances
run
with
the
land.
You
have
to
keep
that
in
mind
when
you're
approving
it.
You
can't
say
well,
it's
okay
for
this
property,
because
well
this
structure
is
going
to
be
used
by
their.
You
know
relative
or
their
mother-in-law,
and
but
after
that,
no
more
like
it
has
to
be
taken
down.
It
doesn't
work
like
that,
so
you're
granting
a
variance
knowing
it's
going
to
go
on
for
forever
and
ever
are
there
any
other
conditions
to
mitigate
what
your
concerns
are
hours
of
operation?
A
Another
improper
condition
would
be
one
that
limited
the
hours
of
operation
of
a
business
on
the
property.
Limiting
the
hours
of
operation
through
zoning
is
tantamount
to
regulating
the
details
of
the
business.
It's
like
the
same
thing.
This
could
instead
be
addressed
through
enactment
of
a
local
law
regulating
similar
businesses.
A
That's
probably
again,
you
know,
there's
some
that
Teeter
on
the
line
of
is
it
appropriate.
Is
it
not
appropriate
and
you
have
to
really
focus
on
well.
What
is
your
concern?
What
are
you
trying
to
mitigate
by
imposing
that
condition?
Now,
if
you
compose
impose
a
condition
and
the
current
property
owner
is
fine
with
it
and
they
say:
okay,
well,
their
options
are
to
either
in
the
future.
A
Well,
they
can't
argue
in
the
future,
because
again,
you
have
to
your
article
78s,
have
a
very
short
statute
of
limitations,
right
that
30
days
to
challenge
that
the
condition
was
inappropriate.
So
if
they
don't
challenge
in
the
future,
what
they
could
do
is
come
back
to
this
board
and
seek
an
amendment
to
the
resolution
to
remove
the
condition,
so
it
can
be
reevaluated
in
the
future.
B
A
Now
the
property
is
being
sold.
You
know
20
years
later
and
they're.
They
said
you
know
this,
this
condition's
not
legal.
What
can
we
do?
And
so
you
know
we
prepare.
We
evaluated
the
situation
and
wrote
a
memo
to
the
zoning
board
saying
this
condition
has
to
be
dropped
without
them.
Seeking
an
amendment
to
the
resolution,
because
the
condition
was
illegal
based
on
case
law,
so
I
guess
that's
another
way
to
get
it
removed
is
talk
to
the
attorney
and
argue
it
should
be
there
in
the
first
place
so
something
we
have
had.
A
So
something
we've
talked
a
little
bit
about
not
too
much.
We've
had
had
separate
train
trainings
on
this.
This
is
just
going
to
give
you
a
little
taste
of
the
State
Environmental
Quality
review
Act,
so
zoning
board
of
appeals
mostly
applications
that
you're
dealing
with
are
area
variances
for
side
yards,
real
yards
or
area
variances
pertaining
to
single
family
or
two
family
homes.
Those
are
all
designated
type
2
actions,
which
is
why
we
don't
really
go
into
Seeker
type.
A
2
actions
do
not
require
any
environmental
review
if
a
variance
request
is
not
on
the
type
2
list,
because
Seeker
has
a
type
just
a
list
of
type
2
actions.
The
secret
process
must
continue
the
lead
agency
or
the
agency.
That's
going
to
take
responsibility
for
the
environmental
review
must
either
issue
a
negative
declaration
which
finds
that
the
project
will
not
result
in
any
significant
adverse
environmental
impacts
or
they
issue
a
positive
declaration
which
finds
that
the
project
may
have
one
or
more
significant
adverse
effects
on
the
environment.
A
If
an
agency
issues
a
positive
declaration,
an
environmental
impact
statement
must
be
prepared
prior
to
the
zoning
board's
ruling
on
the
application.
Now,
once
you
issue
that
pause
DAC,
there
are
many
requirements.
It
starts
with
a
scoping
period
which
creates
a
outline
of
what's
going
to
be
in
the
environmental
impact
statement.
Then
they
do
a
draft
environmental
impact
statement,
there's
a
public
hearing.
A
Then
there
is
the
final
environmental
impact
statement
and
a
finding
statement
so
that
process
can
go
on
for
a
year
or
more
I
just
finished
one
that
went
on
for
two
and
a
half
years
very
exhausting
and
they
produce
really
big
thick
binders
of
environmental
impact
statements.
So
not
something
that
this
that
this
board
has
ever
seen,
I
think
I,
don't
think.
We've
ever
seen
an
environmental
impact
statement.
Jordan
you've
been
here
longer
than
I,
have
no
no
and
most
of
the
time
the
planning
board
they
might
do
a
thorough
environment.
A
B
D
A
A
You
know
it's
not
going
to
be
about.
It
doesn't
always
have
to
include
like
wetlands
and
tree
removal.
It
depends
on
the
project
and
what
are
your
environmental
concerns?
So
I?
Guess
there
is
potential
that
it
could
go
to
environmental
impact
statement.
Only
time
will
tell
so
agencies
with
land
use.
Review
Authority,
including
zoning
board
of
appeals,
must
consider
secret
when
reviewing
some
appeals
and
applications.
This
includes,
like
I,
said
the
planning
board,
especially
and
and
the
city
council.
Their
actions
are
also
subject
to
Seeker
review.
A
The
purpose
is
to
consider
environmental
implications
of
proposed
projects
before
making
decisions
and
to
properly
evaluate
where
the
areas
of
concern
are
and
what
are
some
potential
mitigation
possibilities.
Again,
we
talked
I
just
mentioned
previously
about
how
interpretations
and
all
area
variances
involving
one
two
and
three
family
residences
are
type
2
actions,
also
area
variance
application,
seeking
relief
from
setback
and
lot
line
requirements
are
also
type
2.,
so
type
2
actions
are
presumed
to
have
no
adverse
environmental
impacts
and
therefore
are
not
subject
to
review
when
dealing
with
variances
for
commercial
properties.
A
A
Any
questions
on
Seeker,
so
here's
a
quick
just
kind
of
chart.
It
shows
you
how
initially,
when
you
look
at
you're,
like
oh,
see,
seeker's
complicated,
but
when
you
lay
it
out-
and
you
really
look
at
it,
it's
very
procedural
and
as
long
as
you're
following
the
right
steps
and
the
right
time
frames,
it's
really
governed
by
Statute
and
you
just
have
to
make
sure
you're
following
along
and
doing
it.
The
right
way
our
office
is,
is
very
trained
in
Seeker
in
the
secret
process,
so
you're
in
good
hands.
A
D
C
D
A
Anyone
aggrieved
can
do
an
article
78
you'll
have
to
prove
standing,
which
I
think
we
did
a
training
session
on
on
standing
and
what
gets
you
there
you
have
to
have.
You
have
to
show
that
you
don't
you
have
you're
grieved
in
a
way.
That's
not
that
not
everyone
in
the
community
is
that
you
have
some
sort
of
specific
impact,
either
you're
like
a
direct
neighbor
or
you
know,
your
drinking
water
is
going
to
be
affected
directly,
so
something
more
specific
than
just
you
know.
A
Oh
I'm
gonna
have
to
sit
in
traffic
on
my
way
to
work.
You
know,
so
anybody
can
appeal,
but
you'll
have
to
prove
standing
so
judicial
review
of
land
use
decisions,
so
courts
defer
to
local
land
use
decisions,
particularly
those
of
local
legislatures,
declaring
that
those
decisions
are
given
a
presumption
of
constitutionality
and
correctness.
A
The
effect
of
this
is
to
place
a
heavy
burden
of
proof
on
those
who
challenge
such
decisions,
to
show
that
they
are
unreasonable.
The
courts
will
not
approve
a
conclusion
or
decision,
for
which
no
evidence
appears
on
the
record.
The
court
can
consider
whether
the
decisions
are
arbitrary
and
capricious
or
not
supported
by
substantial
evidence.
These
words
have
special
legal
meaning,
so
arbitrary
and
capricious
means
the
decision
is
not
reasonably
related
to
the
facts
of
the
case.
Substantial
evidence
is
evidence
that
a
reasonable
person
would
accept
as
enough
to
support
the
agency's
decision.
A
When
reviewing
a
decision,
the
courts
will
limit
their
review
to
ascertain
whether
the
determination
has
a
rational
basis
and
is
supported
by
substantial
evidence.
A
zoning
board
of
appeals
may
not
premise
a
decision
on
community
opposition.
We've
talked
about
this
plenty
of
times
a
you
have
to
base
it
on
a
factual
statement.
A
mere
general
statement
is
not
going
to
support
your
ultimate
finding.
So
if
someone
comes
in
here
and
says,
stop
this
project,
this
project
is
bad
for
the
community.
A
I,
don't
care.
If
there's
a
hundred
people
saying
it's
bad
for
the
community,
that
is
General
Community
opposition.
There
is
nothing
factual,
but
if
they
say
you
know
I,
there's
already,
you
know
absurd
amount
of
traffic,
I
drive
to
work
every
day
and
I
I
see
it,
and
it
takes
me
20
minutes
to
get
down
the
street.
Well,
now
we're
starting
to
build
up
on
on
facts
of
what's
really
going
on
or
with
water.
You
know
I'm
a
next
door.
Neighbor
there
is
a
major
water
issue.
A
You
should
not
allow
them
to
have
additional
impervious
coverage.
We're
concerned
about
the
water
impacts.
So
now
we're
again
focusing
on
the
facts.
That's
what's
key.
The
court
of
appeals
has
clearly
held
that
generalized
Community
opposition
in
the
absence
of
substantial
evidence,
cannot
constitute
support
for
the
denial
of
an
application.
A
determination
will
not
be
considered
to
be
rational
and
will
be
invalidated
if
it
is
solely
based
on
subjective
considerations
such
as
general
Community
opposition
or
if
it
lacks
objective
factual
basis.
So
the
courts
have
just
repeated
that
standard
over
and
over.
A
There
must
be
evidence
in
the
record
to
support
the
board's
decision,
and
the
decision
itself
must
be
supported
by
findings
that
constitute
substantial
evidence.
Findings
of
fact
and
or
testimony
must
be
placed
on
the
record
which
adequately
to
support
the
decision.
It
is
no
exaggeration
to
say
that
everything
a
board
of
appeals
decides
is
a
potential
lawsuit.
A
That
is
why
we
go
in
depth
with
our
discussions
about
the
five
factors.
You
know
it's
not
just
yes
or
no.
It's
why
we
always
add
the.
Why
and
oftentimes
we're
not
getting
a
lot
of
commenters
at
these
boards,
but
it's
still
important
to
build
a
record
and
make
making
sure
that
you
know
this
board's
decision
is
supported
by
facts
and
evidence
in
the
record,
and
you
know
at
the
end
of
the
day
it
comes
down
to
videos
and
minutes
and
the
resolution.