Posted by: Patricia Salkin | October 2, 2017

NY Appellate Court Holds Zoning Board of Appeals Properly Granted Special Use Permit to Country Club

Hampshire Recreation, LLC, owned a 216–acre property between the Marine Recreation District and a residential district in which the Hampshire Country Club, a membership golf and tennis club, was located. Pursuant to Village of Mamaroneck Zoning Code regulations, a membership club must be operated by a not-for-profit corporation or organization. Hampshire Recreation, LLC, incorporated Hampshire Club, Inc., as a not-for-profit corporation and leased the property to Hampshire Club, Inc., to operate the Hampshire Country Club. Thereafter, Hampshire Club, Inc., applied for a special use permit to host nonmember events at the Country Club. After a public hearing, the Zoning Board of Appeals of the Village of Mamaroneck voted to grant the special use permit to Hampshire Club, Inc. The petitioners commenced this CPLR article 78 proceeding to review the Zoning Board’s determination and to annul the grant of the special use permit. The Supreme Court denied the petition and dismissed the proceeding.

At the outset, the court noted that once an applicant shows that the contemplated use is in conformance with the conditions imposed, a special use permit or exception must be granted unless there are reasonable grounds for denying it that are supported by substantial evidence. Here, there was substantial evidence that Hampshire Club, Inc.’s contemplated use comported with the requirements of Village of Mamaroneck Zoning Code §§ 342–3 and 342–35(B)(9)(a), and there were no reasonable grounds for denying the special use permit. Accordingly, the court found that the special use permit to host nonmember events at the Country Club should have been granted. As such, the court held that the  Supreme Court properly denied the petition and dismissed the proceeding.

Mamaroneck Coastal Environment Coalition, Inc. v Board of Appeals of the Village of Mamaroneck, 152 A.D. 3d 771 (NYAD 2 Dept. 7/26/2017)


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