550 Halstead Corp. v. Zoning Board of Appeals

New York Court of Appeals

550 Halstead Corp. v. Zoning Board of Appeals

804 N.E.2d 413, 1 N.Y.3d 561, 772 N.Y.S.2d 249, 2003 N.Y. LEXIS 4216

CourtNew York Court of Appeals

DecidedDecember 23, 2003

StatusPublished

Cited by16 cases

This text of 804 N.E.2d 413 (550 Halstead Corp. v. Zoning Board of Appeals) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

550 Halstead Corp. v. Zoning Board of Appeals, 804 N.E.2d 413, 1 N.Y.3d 561, 772 N.Y.S.2d 249, 2003 N.Y. LEXIS 4216 (N.Y. 2003).

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Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Because nonconforming uses are viewed as detrimental to zoning schemes, public policy favors their reasonable restriction and eventual elimination (see Matter of Toys “R” Us v Silva, 89 NY2d 411, 417 [1996]). Accordingly, municipalities may adopt measures regulating nonconforming uses and may, in a reasonable fashion, eliminate them (see Matter of Syracuse Aggregate Corp. v Weise, 51 NY2d 278, 287 [1980]). Here, one of the purposes of the Town of Harrison’s Comprehensive Zoning Plan is to promote the “gradual elimination of nonconforming uses” (Town of Harrison Code § 235-2 [F]). To carry out this purpose, the Code prohibits the expansion, enlargement, extension, reconstruction, or structural alteration of any nonconforming use “by any means or in any respect whatsoever” (Town of Harrison Code § 235-52).

The Zoning Board of Appeals of the Town/Village of Harrison (ZBA) determined that when petitioner replaced its wooden pallet storage system with steel-frame storage racks, it impermissibly expanded or extended its nonconforming lumberyard. [563]*563Substantial record evidence supports this determination: the new racks were significantly higher than the wooden pallets and could store three times the lumber; petitioner installed four additional racks; unlike the wooden pallets, the racks have roofs. Further, the ZBA’s denial of petitioner’s application for use and area variances was rational; the ZBA properly balanced benefits to the applicant with the detriment to the health, safety and welfare of the surrounding neighborhood (Matter of Sasso v Osgood, 86 NY2d 374, 384 n 2 [1995]).

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Because nonconforming uses are viewed as detrimental to zoning schemes, public policy favors their reasonable restriction and eventual elimination (see Matter of Toys “R” Us v Silva, 89 NY2d 411, 417 [1996]). Accordingly, municipalities may adopt measures regulating nonconforming uses and may, in a reasonable fashion, eliminate them (see Matter of Syracuse Aggregate Corp. v Weise, 51 NY2d 278, 287 [1980]). Here, one of the purposes of the Town of Harrison’s Comprehensive Zoning Plan is to promote the “gradual elimination of nonconforming uses” (Town of Harrison Code § 235-2 [F]). To carry out this purpose, the Code prohibits the expansion, enlargement, extension, reconstruction, or structural alteration of any nonconforming use “by any means or in any respect whatsoever” (Town of Harrison Code § 235-52).

The Zoning Board of Appeals of the Town/Village of Harrison (ZBA) determined that when petitioner replaced its wooden pallet storage system with steel-frame storage racks, it impermissibly expanded or extended its nonconforming lumberyard. [563]*563Substantial record evidence supports this determination: the new racks were significantly higher than the wooden pallets and could store three times the lumber; petitioner installed four additional racks; unlike the wooden pallets, the racks have roofs. Further, the ZBA’s denial of petitioner’s application for use and area variances was rational; the ZBA properly balanced benefits to the applicant with the detriment to the health, safety and welfare of the surrounding neighborhood (Matter of Sasso v Osgood, 86 NY2d 374, 384 n 2 [1995]).

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.

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804 N.E.2d 413, 1 N.Y.3d 561, 772 N.Y.S.2d 249, 2003 N.Y. LEXIS 4216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/550-halstead-corp-v-zoning-board-of-appeals-ny-2003.

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