The Appellate Division upheld a zoning board determination that a property owner had not acquired vested rights in the portion of a subdivision, which would have allowed a now non-conforming townhouse development. In the Matter of Mar-Vera Corporation v Zoning Board of Appeals of the Village of Irvington, the petitioner…
The Appellate Division overturned the decision of a zoning board which upheld the granting of a building permit to construct an eight car garage on the same property as a single family home. The court in Matter of Witkowich v. Zoning Board of Appeals of the Town of Yorktown found…
The Appellate Division overturned the requirement that a recreation fee be paid as a condition of site plan approval for a senior housing community. In Matter of Pulte Homes of N.Y., LLC v Town of Carmel Planning Bd. the court held that the planning board failed to make the requisite…
The Appellate Division upheld a zoning board’s determination that recreation facilities open to the public is a permitted accessory use for a school. In the
The Appellate Division upheld dismissal of an action by a Town seeking to mandate construction of a pool as part of a private community recreation facility. In Matter of Town of Huntington v. Beechwoord Carmen Bidg. Corp,the Court reviewed the history of the development, which included a zoning amendment to…
The Appellate Division concluded that a notation on a subdivision map “not approved for building lots” was inadequate to place a purchaser on notice that there was an intention to maintain the two lots in question as undeveloped space. In Matter of Fuentes v. Planning Board of the Village of…
The Appellate Division held that a planning erred in imposing a recreation fee without first doing an analysis of the recreation needs created by approving a site plan. In Matter of Dobbs Ferry Development Associates v. Bd. of Trustees of the Village of Dobbs Ferry, the court found that in…
The Appellate Division upheld a local planning board on a challenge to the location of access for a retirement community. In Matter of Fairway Manor, Inc. v. Bertinelli, an adjacent retirement community challenged the site plan approval based upon the proximity of the new access for the proposed development to…
The Appellate Division found that a request for an area variance to park in the front yard of the petitioner’s property would produce an undesirable change in the neighborhood and therefore the zoning board properly denied the requested variance. In Matter of Russo v. City of Albany Zoning Board, the…
A court granted summary judgment to the Town of Southold enjoining continued violation of the local zoning ordinance. In Town of Southold v. Estate of Edson, the court restated several basic principles relating to enforcement of local zoning: “plaintiff was entitled to injunctive relief to enforce its zoning laws…and estoppel…