Hyperlawhypertext legal database Incorporated Village of Atlantic Beach v. Zoning Board of Appeals of Hempstead 94 N.Y.2d 842

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Incorporated Village of Atlantic Beach v. Zoning Board of Appeals of Hempstead

94 N.Y.2d 842 Court N.Y. Decision date 1999-12-16 English

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p. 842
[724 NE2d 365, 702 NYS2d 573]
In the Matter of Incorporated Village of Atlantic Beach, Appellant, v Zoning Board of Appeals of the Town of Hempstead, Respondent. Sunny Atlantic Partners, Intervenor-Respondent.
Argued November 11, 1999;
decided December 16, 1999
p. 843
APPEARANCES OF COUNSEL
Schapiro & Reich, Lindenhurst (Steven M. Schapiro and Perry S. Reich of counsel), for appellant.
Joseph J. Ra, Town Attorney of Town of Hempstead (Thomas McKevitt of counsel), for respondent.
Forchelli, Schwartz, Mineo & Carlino, L. L. P., Mineola (Janet M. Insardi of counsel), for intervenor-respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The Zoning Board of Appeals held that the caretaker’s apartment was a permitted accessory use, given the size of the beach

p. 844
club and the propensity for vandalism in an area that was deserted when the club was not in use. That determination was neither irrational, unreasonable nor inconsistent with the governing statute (Matter of New York Botanical Garden v Board of Stds. & Appeals, 91 NY2d 413 , 419). The lodging and sleeping prohibitions of the Town ordinance apply only to the beach club, not to its permitted accessory uses.

Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.

Order affirmed, with costs, in a memorandum.

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