NY Supreme Court Reminds Town that Determination of Zoning Compliance Rests with Zoning Board of Appeals

This summary was contributed by Knauf Shaw

 

Citizen group challenging a greenhouse development sought to appeal determination of zoning compliance to ZBA ahead of Planning Board hearing on site plan approval. Town attorney refused to hear appeal on basis that no appealable decision had been made. Court annulled all approvals and remanded to ZBA, finding that a determination of zoning compliance was a determination subject to ZBA appeal, and that a planning board was not empowered to determine zoning compliance.

Webster Citizens for Appropriate Land Use v. Town of Webster, Supreme Court Monroe County, Index Number E2019011898 (5/18/2020)