Posted by: Patricia Salkin | November 19, 2008

Landmark Preservation Board’s Denial of Site Review for Proposed Addition and Additional Parking Spaces Upheld

The zoning rules and regulations of the City of Syracuse explain that the purpose of project site review is to “[p]rotect streetscapes from projects that are out of character with existing development,” and they further provide that where buildings have been designated as architecturally significant, applications relating thereto must be referred to the City’s Landmark Preservation Board. Since the petitioner’s apartment building was designated as architecturally significant, it was appropriately referred to the Board.  The Court found that the Board’s determination that the project was out of character with existing development based on height and parking provisions was neither arbitrary nor capricious nor an abuse of discretion as the Board conducted a point by point analysis of the project and comparison to other buildings in the area. As to the Petitioner’s allegation that the Commission’s decision was based upon community opposition, the Court found nothing in the record to support the claim.

 

Osuchowski v. City of Syracuse, 2008 WL 4891736 (N.Y.A.D. 4 Dept. 11/14/2008).

 

The opinion can be accessed at: http://www.courts.state.ny.us/ad4/Court/Decisions/2008/11-14-08/PDF/1293.pdf


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