Health & Fitness
"I defer to the applicant."
The Zoning Board of Appeals is technically an independent body. However, it appears it can be manipulated by private interests and their attorneys.
[Update 9/26/13: The ZBA will be voting on the variance application and the DEC Environmental Assessment Form. It will be interesting to see if the ZBA will overlook the potentially major impacts to the protected water bodies of Mohegan Lake and the Wetlands which can be avoided by re-routing the proposed sewer line. It should be noted that the only reason they are required to make an environmental determination is because the applicant chose an "uncoordinated review" that requires every agency to fully review the environmental impacts spelled out in the EAF. One would hope that the board carefully reviewed the incomplete and inaccurate EAF prepared in 2009 and not just rubber stamp it--because that would be an invitation to challenge a negative declaration on the SEQRA (EAF). Unfortunately though, based on previous ZBA actions and their counsel's advice, it seems the rubber stamp is a fore drawn conclusion. Tune in tonight on the Municipal Channel at 7:30pm to find out what happens.]
[Update8/13/13: The second video is not loading properly on The Patch. You can see the other video on this link.]
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I recently speculated that you ought to be afraid of the Yorktown Zoning Board of Appeals. Last Thursday, they confirmed it.
Find out what's happening in Yorktown-Somerswith free, real-time updates from Patch.
If you aren't up to speed on the Faith Bible Church proposal in Mohegan Lake, you can research here.
The Zoning Board of Appeals is technically an independent body. However, it appears it can be manipulated by private interests and their attorneys. Certain parties before the boards are treated with complete deference. Counselor Anna Georgiou, of Wormser, Kiely, Galef & Jacobs LLP, is supposed to be on our side. She is special counsel to the ZBA, who's salary is paid by YT taxpayers. She is supposed to be an independent voice advising the zoning board. Rather than performing this job, she regularly defers to the applicant where she should be advising and consulting with the boards. The problem is not just the deference, but the gross incompetence. Here's a link to a video from almost two years ago of her attempting to correct me, using a 6 year old out of date copy of the code [editor's note: aye carumba]. Thank goodness Al Capellini (applicant's attorney) came to my defense; it seems like he's the only guy anyone listens to in this town.
One of the videos above is taken from 8/8/13. In this instance, Ms. Georgiou gives her opinion, then defers to the applicant's “judgment”--twice. Note, the applicant is not charged with having judgement. Mr. Capellini only wants to advocate for the best interest of his clients, regardless of the potential harm to the community. Ms. Georgiou's job is to balance that interest against what is good for our community as a whole. Unfortunately, Ms. Georgiou does not seem possess the expertise necessary to enforce the laws written in order to protect the public from any single citizen’s overzealous land-use. She doesn't even have a copy of the current town zoning code.
The other video is another example of Ms. Georgiou's utter deference to the applicant:
Ms. Georgiou: The applicant will address that and I can chime in too.
Mr. Bray: I would enjoy that.
[deafening silence; cough-cough]
I raised valid questions about the full DEC Environmental Assessment Form (EAF) which is part and parcel to the zoning variance currently before the ZBA. It was news to the board that they were making an environmental determination. You can see that Ms. Georgiou is visibly annoyed, chafed you might say, that I question the numerous inaccuracies and omissions in the document that the applicant filed, and that the zoning board -- in theory -- has reviewed; how dare I. It's obvious they didn't look at it during the previous application, nor this time around.
If our Zoning Board worked correctly, Ms. Georgiou would confer with the board members, and advise them on the proper application of the law. Instead, she just defers to the applicant's judgement. The ZBA is supposedly reviewing the application and making a determination--for themselves. Instead, it seems they are looking for guidance from the applicant on how to dress up a fundamentally illegal development in a slew of reasonable-sounding variances to the law.
It's scary to see the process up close. In summary, I think you should be afraid.
