Agenda - Planning Commission - 10/07/2004

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Z.B. August 25, 2004 - Page 5 The giving of nocice involved a duty to receive it on the part of the proper municipal otficial. Certainly when the legislature declared a day to be a holi- day. it meanr at least to free public officers from the obligation of keeping open their offices or attending to their duties on that day. Practically, if the last day to file an appeal fell on a holiday and a party wasn't allowed to file on the first day on which a government office was open for business following that holiday, the notice period would essentially be shortened in violation of the statute defining the amount of time a party had to file an appeal. The commencement of a zoning appeal requires the participation of more than one party. Under the stamte, service of process required the participation of two or three mUlllcipal officers - the chairman or clerk of the board, and the clerk of the municipality To conclude legal holidays were included in the statutory notice period would be to conclude either the municipal clerk's office would have, to be open on those days in order to be served with process, or the designated offi- c ials would ha ve to be otherwise served with process on the 15 th day. Such a res ult would run contrary to clear legislative intent. see also: Alliance Energy Corporation v. Planning & Zoning Board, 815 A.2d 105 (~()03). see also: Brookridge Dislricr Associarion v. Planning & Zoning Commission, -'9- " .\ }d ;}'- (iOOI / ,) ,'-. - - ) - ,--). Zoning Code - Code doesn't define ~~Tetail and service" Camp for overweight children wants to build swimming pavilion Ciwlion: Oefelein 1). Town of Thompson Planning Board, Suprem.e CmtTt of New 'tiJrk, App. Div., 3rd Depr., No. 94910 (2004) NEW YORK (07/01/04) - Camp Shane Inc. sought site plan approval for the construction of a pavilion on its propeny. Camp Shane was located in the town's neighborhood commercial district, which was zoned for retail and service stores, among other uses. Camp Shane planned to use the pavilion for swimming and aquatic sports. The Tl)Wn of Thompson Planning Board approved the plan, finding the planned pavili,)n constituted a permitted use. Oefelein. ~l neighbonng landowner, sued, arguing a pavilion to be used in :::)nnec[ion ?v'j[Q water SpOrtS was not a permitted use in the town's neighbor- fliJod commerceal disuict. The court ruled in Lwer of the board. Oet'eleln jppealed. arguing the board' 5 decision was arbitrary and capricious. DECJSIO,,;; AftJrmed. The pa'lillUo did not '.;il)lJ[e the zoning regulations. 'Re::~lll _lDd ::ier'/~c::" '.,V1S not der'ined withm the zoning regulacions. The ,; .:"::Ccl :=Ulnlan .:'Joliscmq ':;rCUD. env -~i:roDuc:ion ,s .~ronlblied. ,=cr mor~nrormallon Jlease ';ail '61-:-\ :42-.,)0<18. 101