Tandem Holding Corp. v. Board of Zoning Appeals of Town of Hempstead

Citation402 N.Y.S.2d 388,43 N.Y.2d 801,373 N.E.2d 282
Parties, 373 N.E.2d 282 In the Matter of TANDEM HOLDING CORP., Respondent, v. BOARD OF ZONING APPEALS OF the TOWN OF HEMPSTEAD, Appellant.
Decision Date19 December 1977
CourtNew York Court of Appeals
OPINION OF THE COURT MEMORANDUM.

Order of the Appellate Division reversed, with costs, and the determination of the Board of Zoning Appeals reinstated.

The determination of the board, that petitioner's application did not nor could not, through the imposition of reasonable conditions, meet the standards in the ordinance governing the granting of special exceptions, is sufficiently supported in the record. There was proof that development of a private parking lot in a residential district abutting a proposed shopping center in a business district would significantly alter the character and quality of the surrounding residential area, diminish property values, and increase traffic congestion.

Of course, characterization of a parking lot as a special use or exception permitted with board approval precludes the board from arbitrarily denying applications, and denial solely because there is a general objection to the special use or exception would be arbitrary (Matter of Pleasant Val. Home Constr. v. Van Wagner, 41 N.Y.2d 1028, 395 N.Y.S.2d 631, 363 N.E.2d 1376, see Matter of North Shore Steak House v. Board of Appeals of Inc. Vil. of Thomaston, 30 N.Y.2d 238, 243-245, 331 N.Y.S.2d 645, 648-650, 282 N.E.2d 606, 608-609). It does not follow, however, that requests for special exceptions must always be granted subject only to the imposition of reasonable conditions.

Entitlement to a special exception is not a matter of right (Matter of Lemir Realty Corp. v. Larkin, 11 N.Y.2d 20, 24, 226 N.Y.S.2d 374, 376, 181 N.E.2d 407, 408). The stated standards in the ordinance guiding the board's consideration of special exception applications condition availability of a special exception, and compliance with those standards must be shown before any exception can be secured (e. g., Matter of Mobil Oil Corp. v. Oaks, 55 A.D.2d 809, 390 N.Y.S.2d 276; Matter of C & G Developers v. Granito, 53 A.D.2d 612, 384 N.Y.S.2d 844; Matter of Klein v. Seigel, 47 A.D.2d 924, 367 N.Y.S.2d 58; see 2 Anderson, New York Zoning Law and Practice (2d ed.), § 19.01; 2 Rathkopf, Law of Zoning and Planning, pp. 54-1 54-30; ...

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  • Sunrise Development, Inc. v. Town of Huntington
    • United States
    • U.S. District Court — Eastern District of New York
    • 3 Febrero 1999
    ...Planning Bd., 207 A.D.2d 346, 347, 615 N.Y.S.2d 434, 436 (2d Dep't 1994); see Tandem Holding Corp. v. Board of Zoning Appeals of Town of Hempstead, 43 N.Y.2d 801, 802, 373 N.E.2d 282, 402 N.Y.S.2d 388 (1977). Accordingly, the court finds Sunrise's argument that it is being deprived of a "ri......
  • Commco, Inc. v. Amelkin
    • United States
    • New York Court of Appeals Court of Appeals
    • 15 Mayo 1984
    ...appellate courts arguing as appellants to sustain their zoning determinations (see, e.g., Matter of Tandem Holding Corp. v. Board of Zoning Appeals, 43 N.Y.2d 801, 402 N.Y.S.2d 388, 373 N.E.2d 282; Matter of Overhill Bldg. Co. v. Delany, 28 N.Y.2d 449, 322 N.Y.S.2d 696, 271 N.E.2d 537; Matt......
  • Muller v. Zoning Bd. of Appeals Town of Lewisboro
    • United States
    • New York Supreme Court — Appellate Division
    • 10 Marzo 2021
    ...v. Lansing, 72 N.Y.2d 1000, 1001–1002, 534 N.Y.S.2d 372, 530 N.E.2d 1292 ; see Matter of Tandem Holding Corp. v. Board of Zoning Appeals of Town of Hempstead, 43 N.Y.2d 801, 802, 402 N.Y.S.2d 388, 373 N.E.2d 282 ; Matter of Sullivan v. Town Bd. of Town of Riverhead, 102 A.D.2d 113, 115, 476......
  • Navaretta v. Town of Oyster Bay
    • United States
    • New York Supreme Court — Appellate Division
    • 13 Abril 2010
    ...v. Lansing, 72 N.Y.2d 1000, 1001-1002, 534 N.Y.S.2d 372, 530 N.E.2d 1292; see Matter of Tandem Holding Corp. v. Board of Zoning Appeals of Town of Hempstead, 43 N.Y.2d 801, 802, 402 N.Y.S.2d 388, 373 N.E.2d 282; Sullivan v. Town Board of Town of Riverhead, 102 A.D.2d 113, 115, 476 N.Y.S.2d ......
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