NY Appellate Court Rejects ATV Track As Not a Customary Accessory Use

The appellate court reversed the trial court’s decision, vacating the denial of a site-plan application to build an all-terrain vehicle (ATV) track. The Town’s Code allows for, inter alia, private garages, greenhouses, and other customary accessory uses in the zoning district. The appellate court agreed with the Planning Board of the Town of West Seneca that the track did not fall within the other customary accessory uses category. The court reasoned that “the evidence in the record establishes that the track would increase already existing problems, including the noise level in the neighborhood, the number of incidents of physical damage and trespass to the neighboring properties, and the potential…to be held liable for injuries occurring on their properties.” Further, the Planning Board of the Town of West Seneca did not abuse its discretion when rejecting the implementation of the ATV track based on the above considerations.

Dietrich v. Planning Bd. of Town of West Seneca, 2014 WL 2782147 (NYAD 4 Dept. 6/20/2014)

The opinion can be accessed at: http://www.nycourts.gov/courts/ad4/clerk/decisions/2014/06-20-14/PDF/0508.pdf