Posted by: Patricia Salkin | June 1, 2015

NY Appellate Court Upholds Zoning Board’s Code Interpretation Denying Asphalt Plant and Notes Failure to File Written Decision within Five Days Does Not Require Annulment

Following the zoning board’s interpretation of section of the local zoning code that prohibited petitioner from using their property for an asphalt facility that would process recycled asphalt, petitioner appealed. The appellate court held that the board’s decision was neither unreasonable nor irrational, as the Code prohibits the production of asphalt from raw material. The Court noted that the board heard testimony from a number of people at a public hearing, and that the record demonstrated a rational basis for the decision that was supported by evidence in the record.

Further, the Court noted that the Board’s failure to file its written decision in the office of the Town Clerk as required by Town Law sec. 267-a[9]within five business days did not mandate annulment of the decision.

Stone Industries, Inc. v Zoning Board of Appeals of the Town of Ramapo, 2015 WL 2386238 (NYAD 2 Dept. 5/20/2015)

The opinion can be accessed at: http://www.courts.state.ny.us/REPORTER/3dseries/2015/2015_04330.htm


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