Posted by: Patricia Salkin | November 23, 2012

NY Appellate Court Affirms Subdivision Permit Denial

Owners of a 50-lot subdivision sought to annul a determination of the zoning board that in essence “affirmed” the town enforcement officer’s denial of building permits for 10 lots in the subdivision.  The trial court dismissed the action because the petitioners failed to follow the Town’s subdivision procedure which requires submission of the proposed subdivision to the planning board before any permits can be issued. The appellate court affirmed.

Since the petitioners only raised the argument for the first time on appeal that they were not subject to planning board review  due to the Town’s failure to enact a resolution pursuant to Town Law 276(2) which would allow the planning board to review a subdivision map filed prior to the adoption of the subdivision regulations,  the Court said it had no jurisdiction to review that claim.

With respect to the second claim that the subdivision regulations do not apply to previously developed subdivisions as the petitioners claimed exist here, the Court noted that decision had been reserved since there were no maps filed with the stipulated record that would provide evidence to the Court to support such claim.

Carson v Town of Oswego Zoning Board of Appeals, 2012 WL 5695177 (N.Y.A.D. 4 Dept. 11/16/2012)

The opinion can be accessed at: http://www.nycourts.gov/courts/ad4/Clerk/Decisions/2012/11-16-12/PDF/1230.pdf


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