Petitioners, who wanted to subdivide their property, applied to the county planning commission for a ruling that the proposed subdivision was subject to the “old filed map exception” (Real Property Law sec. 334-a(1)(b)), which, among other things, dispenses with the requirement that alterations be filed for a subdivision map that was filed before January 12, 1945 where the alterations do not involve any changes or extensions to streets previously laid out, and where the lot boundaries are made solely to comply with applicable zoning requirements. The planning commission denied the request since they determined that the lot currently complied with all applicable zoning laws, and that the subdivision was not necessary to bring the lot into compliance therewith. The Petitioners challenged the commission’s interpretation of the statute, asserting that proper statutory construction requires the commission to determine whether the lines filed in connection with the old map (filed prior to 1/12/1945) must be altered to comply with current zoning.
Disagreeing with the planning commission’s interpretation, the appellate court concluded that the language of the statute, “alterations made thereon” logically refers to alterations made or proposed to be made on the old subdivision map, and that the next phrase in the statute, “and where the only alterations or changes in lot boundaries which are made solely for the purpose of adhering to applicable zoning regulations” must also refer to the old filed subdivision map and the lot boundaries on that map in order for the statute to be read without contradiction.
The Court directed the petitioners to submit a completed application to the commission to make a determination in accordance with the Court’s interpretation.
Matter of Pro Home Builders v. Greenfield, 888 N.Y.S. 2d 182 (A.D. 2 Dept. 11/10/2009).
The opinion can be accessed at: http://www.nycourts.gov/reporter/3dseries/2009/2009_08232.htm
