Incorporated Village of Atlantic Beach v. Zoning Board of Appeals of Hempstead

New York Court of Appeals

Incorporated Village of Atlantic Beach v. Zoning Board of Appeals of Hempstead

724 N.E.2d 365, 94 N.Y.2d 842, 702 N.Y.S.2d 573, 1999 N.Y. LEXIS 3922

CourtNew York Court of Appeals

DecidedDecember 16, 1999

StatusPublished

Cited by2 cases

This text of 724 N.E.2d 365 (Incorporated Village of Atlantic Beach v. Zoning Board of Appeals of Hempstead) 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.

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Incorporated Village of Atlantic Beach v. Zoning Board of Appeals of Hempstead, 724 N.E.2d 365, 94 N.Y.2d 842, 702 N.Y.S.2d 573, 1999 N.Y. LEXIS 3922 (N.Y. 1999).

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Opinion

OPINION OF THE COURT

Memorandum.

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

The Zoning Board of Appeals held that the caretaker’s apartment was a permitted accessory use, given the size of the beach [844]*844club and the propensity for vandalism in an area that was deserted when the club was not in use. That determination was neither irrational, unreasonable nor inconsistent with the governing statute (Matter of New York Botanical Garden v Board of Stds. & Appeals, 91 NY2d 413, 419). The lodging and sleeping prohibitions of the Town ordinance apply only to the beach club, not to its permitted accessory uses.

Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.

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.

The Zoning Board of Appeals held that the caretaker’s apartment was a permitted accessory use, given the size of the beach [844]*844club and the propensity for vandalism in an area that was deserted when the club was not in use. That determination was neither irrational, unreasonable nor inconsistent with the governing statute (Matter of New York Botanical Garden v Board of Stds. & Appeals, 91 NY2d 413, 419). The lodging and sleeping prohibitions of the Town ordinance apply only to the beach club, not to its permitted accessory uses.

Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.

Order affirmed, with costs, in a memorandum.

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724 N.E.2d 365, 94 N.Y.2d 842, 702 N.Y.S.2d 573, 1999 N.Y. LEXIS 3922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/incorporated-village-of-atlantic-beach-v-zoning-board-of-appeals-of-ny-1999.

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