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Failure to Meet A Zoning Code’s Special Permit Conditions Is Grounds For Denial

An appellate court reiterated the requirement that every precondition to granting a special permit must be met before a zoning board is required to grant such a permit. In Navaretta v Town of Oyster Bay, the Appellate Division Second Department upheld the denial of a special permit by an attorney seeking to operate an office from a residence.

Holding there was a rational basis for the zoning board’s decision the Court held:

“…the record supports the ZBA’s findings that the petitioner’s home business failed to comply with several conditions in the special use ordinance, in that his proposed use exceeded the maximum square footage allowed, retained the services of more than one nonresident employee, failed to provide sufficient off-street parking, displayed a sign which exceeded the maximum size allowed, failed to maintain the character of the dwelling as a residence, and created hazardous or detrimental conditions, including glare from lighting….”

Steven Silverberg

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