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

Court of Appeals of the State of New York
Dec 16, 1999
724 N.E.2d 365 (N.Y. 1999)

Opinion

Argued November 11, 1999

Decided December 16, 1999

Appeal from the Court of Appeals from order of the Appellate Division of the Supreme Court, Second Judicial Department.

Steven M. Schapiro, for appellant.

Thomas McKevitt, for respondent.

Janet M. Insardi, for intervenor-respondent.


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 club 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 N.Y.2d 413, 419). The lodging and sleeping prohibitions of the Town ordinance apply only to the beach club, not to its permitted accessory uses.

Order affirmed, with costs, in a memorandum. Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.


Summaries of

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

Court of Appeals of the State of New York
Dec 16, 1999
724 N.E.2d 365 (N.Y. 1999)
Case details for

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

Case Details

Full title:In the Matter of INCORPORATED VILLAGE OF ATLANTIC BEACH, Appellant, v…

Court:Court of Appeals of the State of New York

Date published: Dec 16, 1999

Citations

724 N.E.2d 365 (N.Y. 1999)
724 N.E.2d 365
702 N.Y.S.2d 573

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