Posted by: Patricia Salkin | November 2, 2016

NY Appellate Court Holds Board Lacked Authority to Impose Durational Limits on Permit

The petitioners own property on a split-zone lot in the Town of North Hempstead on which was located a restaurant within the Town’s business district, and an adjoining parking lot that extends into the Town’s residence district. The Zoning Board of Appeals granted the petitioners a permit pursuant to Code of the Town of North Hempstead (hereinafter Town Code) § 70–225(E) to continue the use of the parking lot in the residence district for a period of five years. The petitioners then commenced an action to annul the five-year durational limit. The Supreme Court denied the petition and dismissed the proceeding. The appellate court reversed, finding that the Board did not have the authority to impose a durational limit on a permit granted pursuant to Town Code § 70–225(E). The Court found that the Town Code does not explicitly provide the Board with the authority to impose durational limits upon permits granted pursuant to that section, and therefore it was improper for the Board to include a five-year durational limit on a permit granted pursuant to that provision. As a result, the Court annulled the condition.

Citrin v Board of Zoning Appeals of the Town of North Hempstead, 2016 WL 6089178 NYAD 2 Dept. 10/16/2016)


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