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April 25, 2011 1 Volume 5 No. 8 Zoning Bulletin <br />Proceeding —Board Approves Variance But Fails <br />to Timely File Decision With Town Clerk <br />Opponent argues failure to timely file should annul approval <br />Citation: Frank v. Zoning Bd. of Town of Yorktown, 917 N. Y.S.2d <br />697 (App. Div. 2d Dep't 2011) <br />NEW YORK (03/01/11)—This case addressed the issue of <br />whether the failure of a zoning board to file its written decision <br />within the time specified in the town zoning law mandated annul- <br />ment of its determination. <br />The Background/Facts: Tom Knoesel and Joan Knoesel (the <br />"Knoesels") applied to the town's zoning board (the "Board") for <br />an area variance to legalize an existing fence that was taller than <br />permitted. The Board granted the application. The Board conclud- <br />ed that legalizing the fence would not have an adverse impact on <br />the neighborhood. <br />Thereafter, neighbors of the Knoesels (the "Neighbors") ap- <br />pealed the Board's approval of the variance. Among other things, <br />For authorization to photocopy, please contact the Copyright Clearance Center at 222Rosewood <br />Drive Danvers, MA 01923, USA (978) 750-84,00; fax "(978) 646-8600'orWest's Copyright Seances at ;' <br />610 Opperman`Drive, Eagan MN.55123 fax(651) 687-755,1.,Please,outlinethe specific material ,' <br />involved, the number of copies you_ wish to distribute and the purpose or format of the use. <br />This publication was created to provide you with accurate and authoritative information concerning <br />the subject matter covered;. however, this publication was not necessarily prepared by persons <br />licensed to practice law In a particular jurisdiction. The publisher is not engaged in rendering legal <br />or other professional advice and this publication is not a substitute for the advice of an attorney. <br />If you require legal or other expert advice, you should seek the services of a competent attorney <br />or other professional. <br />Zoning Bulletin is published and copyrighted by Thomson Reuters, 610 Opperman Drive, P.O. Box <br />64526 St. Paul, MN 55164-0526. For subscription information: call (800) 229-2084, or write West, <br />Credit Order Processing, 620 Opperman Drive, PO Box 64833, St. Paul, MN 55164-9753. <br />POSTMASTER: Send address changes to, Zoning Bulletin, 610 Opperman Drive, P.O. Box 64526 St. <br />Paul, MN 55164-0526. <br />WEST® <br />610 Opperman Drive • P.O. Box 64526 • St. Paul, MN 55164-0526 <br />1-800-229-2084 • email: west.customerservice@thomsonreuters.com • west.thomson.com/quinlan <br />ISSN 0514-7905 • © 2011 Thomson Reuters. All Rights Reserved. <br />QuinlanTM is a Thomson Reuters brand. <br />2 © 2011 Thomson Reuters <br />