Opinion
June 17, 1985
Appeal from the Supreme Court, Westchester County (Marbach, J.).
Judgment affirmed, with one bill of costs.
Petitioner sought to have the Zoning Board place restrictions on the situs of the playground being constructed by respondent Temple Beth Abraham (Temple) on the property adjoining petitioner's. After first granting the Temple a variance, the Zoning Board annulled that determination, holding that Temple could construct the playground as a matter of right, and that it did not have the authority to consider petitioner's request. This determination was confirmed by Special Term. Special Term's judgment should be affirmed.
While a religious institution cannot be prohibited from constructing a church, synagogue or its accessory uses, such as a playground, where they bear a substantial relationship to the promotion of public health, safety, morals or the community's general welfare, appropriate restrictions may be imposed on that construction ( Matter of Diocese of Rochester v. Planning Bd., 1 N.Y.2d 508; Matter of American Friends v. Schwab, 68 A.D.2d 646; Matter of Seaford Jewish Center v. Board of Zoning Appeals, 48 A.D.2d 686).
However, at bar, the situs of the playground does not result in a prima facie violation of the village zoning ordinance, and petitioner does not specifically cite a violation. Therefore, the Zoning Board was without authority to consider petitioner's requests, and it properly declined to do so ( see, Village Law § 7-712; Matter of Garden City Jewish Center v. Incorporated Vil. of Garden City, 2 Misc.2d 1009). Thompson, J.P., Bracken, Weinstein and Niehoff, JJ., concur.