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ZBA sends letter on Local Law M to trustees and affirms remitter-driven vacatur of 2020 decision; 2021 compliance resolution to be revisited
Summary
The board voted to send a letter from the chair on Local Law M to the Board of Trustees, and, following counsel’s review of an appellate remitter, affirmed action vacating portions of a 2020 decision. Members agreed to draft a follow-up resolution to address the 2021 compliance decision and will place that cleanup item on the next agenda.
The board voted to adopt and send a letter the chair drafted regarding Local Law M to the Village Board of Trustees; members agreed to transmit the letter with a brief cover note that the ZBA reviewed the matter at its July 24 meeting.
Counsel reported that the appellate division reversed and remitted portions of the ZBA’s September 2020 decision and directed the board to issue a new determination. The ZBA voted to affirm the remitter-related resolution that vacated the 2020 decision. Board members discussed whether a separate 2021 compliance decision, which had been based in part on the 2020 determination, is now moot and should be rescinded or cleaned up. Several members argued parts of the 2021 determination are implicit and moot; others said a cleanup resolution would be prudent to avoid leaving inconsistent orders on the record.
The board asked staff and counsel to prepare a draft cleanup resolution for consideration at the next meeting so members can vote knowing the full record and seek to remove or restate any conditions that no longer have legal basis.
Next steps: Staff will place a cleanup resolution on the next agenda and circulate counsel’s analysis to members before that meeting.
