Southtowns Record

TB 2026-01-07 Agenda Packet

Government
Town of Boston
Board
Town Board
Meeting
Jan 7, 2026
Posted by publisher
May 22, 2026
Kind
Agenda packet
Topics
Budget and taxes, Zoning and land use, Water, sewer and drainage, Public safety, Parks and recreation, Audits and oversight, Roads and traffic, Short-term rentals

Original document

Same meeting

Text · page 118 of 139

Read the whole document on one page (all 139 pages, each with its own heading)

TOWN OF BOSTON – RESOLUTION NO. 2026-10

  PROFESSIONAL SERVICES AGREEMENT
  FOR ENGAGEMENT OF LIPPES MATHIAS LLP

  WHEREAS, the Town of Boston Zoning Board of Appeals is a named respondent in
litigation entitled Scott Overhoff et al. v. Town of Boston Zoning Board of Appeals et al., pending
in the Supreme Court of the State of New York, Erie County, under Index No. 821674/2025, which
challenges the Zoning Board of Appeals’ denial of a use variance; and

  WHEREAS, the foregoing litigation requires specialized legal expertise in municipal law,
zoning law, and Article 78 proceedings; and

  WHEREAS, Lippes Mathias LLP possesses the necessary qualifications and experience
to represent the Town of Boston and its Zoning Board of Appeals in connection with such
litigation; and

  WHEREAS, Lippes Mathias LLP has submitted a proposed retainer agreement dated
December 19, 2025, providing for legal services to be billed on an hourly basis at a discounted
rate of $250.00 per hour; and

  WHEREAS, the Town Board of the Town of Boston finds it to be in the best interests of
the Town to retain Lippes Mathias LLP to represent the Town and its Zoning Board of Appeals in
the above-referenced litigation;

  NOW, THEREFORE, BE IT

  RESOLVED, that the Town Board of the Town of Boston hereby authorizes the Town
Supervisor to execute and accept the proposed retainer agreement from Lippes Mathias LLP, dated
December 19, 2025, for the purpose of representing the Town of Boston and the Town of Boston
Zoning Board of Appeals in Scott Overhoff et al. v. Town of Boston Zoning Board of Appeals et
al. (Index No. 821674/2025), subject to payment of legal fees billed hourly at a rate of $250.00 per
hour; and be it further

  RESOLVED, that payment of legal fees and disbursements shall be made in accordance
with the terms of the retainer agreement and subject to audit and approval in the ordinary course.

  On January 7, 2026, the question of the adoption of the foregoing Resolution was duly put
to a vote on roll call, which resulted as follows:

  Yes  No  Abstain  Absent
 Councilmember Martin  [  ]  [  ]  [  ]  [  ]
 Councilmember Selby  [  ]  [  ]  [  ]  [  ]
 Councilmember Penders  [  ]  [  ]  [  ]  [  ]
 Councilmember Stephan  [  ]  [  ]  [  ]  [  ]
 Supervisor Keding  [  ]  [  ]  [  ]  [  ]