The Appellate Division, Fourth Department, upheld the zoning board’s approval of a permit to allow petitioners to use their property as a camp subject to the removal of a 38-foot travel trailer from the property. The property, located in an “AR” (Agricultural-Residential) district could be used for camping purposes upon issuance of a permit. Further, the zoning ordinance empowers the zoning board of appeals to place conditions on the issuance of the permit to ensure that the proposed use is “[a]pproriate for the particular lot and location[,]…[n]ot unreasonably detrimental to neighboring properties, areas and districts [and c]onsistent with an orderly appropriate development of neighboring properties, areas and districts.” In upholding the zoning board’s determination, the Court noted that the zoning board pointed to the fact that they petitioner’s trailer is not licensed, registered or insured, that it was the only one in the neighborhood, and that its presence on the petitioner’s small parcel, “overwhelms the site and creates a feature which is out of character with the surrounding camps and homes in the surrounding neighborhoods.” The Court concluded that the zoning board’s determination wasw supported by substantial evidence in the record and had a rational basis.
May v. Town of Lafayette Zoning Board of Appeals, 2007 WL 2812764 (N.Y.A.D. 4th Dept. 9/28/07)
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