Agenda - Planning Commission - 06/02/2011

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Zoning Bulletin April 25, 2011 'Volume 5 1 No. 8 the Neighbors argued that the Board's approval had to be annulled because the Board had failed to file its written decision in the office of the town clerk within five business days, as required by the town zoning law. The Supreme Court dismissed the Neighbors' action. DECISION: Affirmed. The Supreme Court, Appellate Division, Second Department, New York, held that the failure of the Board to file its written deci- sion in the office of the town clerk within the time specified in the town zoning laws "did not mandate annulment of its determina- tion" to grant the variance. The court so concluded upon finding that: the zoning law did not specify a sanction for failure to comply with the five-day filing requirement; and, "[i]n any event, the Board offered a reasonable explanation for its delay in filing its written de- cision, and the delay was not extensive." See also: Nyack Hosp. v. Village of Nyack Planning Bd., 231 A.D.2d 617, 647 N.Y.S.2d 799 (2d Dep't 1996). See also: Platzman v. Munno, 184 Misc. 2d 201, 706 N.Y.S.2d 846 (Sup 2000), judgment aff'd, 282 A.D.2d 539, 722 N.Y.S.2d 886 (2d Dep't 2001). Pre-emption----Town Says Transloading Facility at Rail Yard is an Impermissible Use Under Ordinance Railway company and facility operator argue ordinance is pre-empted by federal law Citation: New York & Atlantic Ry. Co. v. Surface Transp. Bd., 2011 WL 873030 (2d Cir. 2011) The Second Circuit has jurisdiction over Connecticut, New York, and Vermont. SECOND CIRCUIT (03/15/11)—This case "delineates the pow- er of the Surface Transportation Board ("STB") to decide ... the extent to which the construction and operation of transloading fa- cilities fall within the STB's exclusive jurisdiction, freeing the opera- tions from local regulation by way of federal preemption." © 2011 Thomson Reuters 3