Wegmans Enterprises, Inc. v. Lansing
| Decision Date | 20 October 1988 |
| Citation | 530 N.E.2d 1292,72 N.Y.2d 1000,534 N.Y.S.2d 372 |
| Parties | , 530 N.E.2d 1292 In the Matter of WEGMANS ENTERPRISES, INC., et al., Appellants, v. Eugene LANSING, as Chairman of the Town of DeWitt Zoning Board of Appeals, et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 134 A.D.2d 898, 521 N.Y.S.2d 1011, should be affirmed, with costs.
Zones which qualify for special exception permits represent a threshold legislative acceptance that the specified use accords with the general municipal zoning plan (Matter of Lee Realty Co. v. Village of Spring Val., 61 N.Y.2d 892, 893, 474 N.Y.S.2d 475, 462 N.E.2d 1193; Matter of Pleasant Val. Home Constr. v. Van Wagner, 41 N.Y.2d 1028, 1029, 395 N.Y.S.2d 631, 363 N.E.2d 1376). Unlike the unnecessary hardship standard governing variances, a special exception permit is available upon a showing of compliance with legislatively imposed conditions pertaining to the intended use (Matter of North Shore Steak House v. Board of Appeals, 30 N.Y.2d 238, 243-244, 331 N.Y.S.2d 645, 282 N.E.2d 606). Failure to meet any one of the conditions set forth in the ordinance is, however, a sufficient basis upon which the zoning authority may deny the permit application (Matter of Tandem Holding Corp. v. Board of Zoning Appeals, 43 N.Y.2d 801, 802, 402 N.Y.S.2d 388, 373 N.E.2d 282).
The uses permitted in the Town of DeWitt's Special Business Transitional District include "[r]etail stores, professional offices, business offices, personal service establishments, mortuaries and undertaking establishments, provided that no business is conducted out-of-doors" (DeWitt Town Code § 53-26[A][4]; § 53-23[D][1] ). The Board found, with substantial evidence in the record, that petitioners' otherwise qualifying uses nevertheless failed to comply with at least two legislated preconditions, i.e., the impact of unspecified intended uses of a planned 20,000 square foot structure as being reasonably compatible in all respects with the neighborhood and the adverse affects of aggravated traffic conditions. The courts may not, therefore, disturb the Board's denial of the special permit in this case.
Order affirmed, with costs, in a memorandum.
To continue reading
Request your trial
-
Mattia v. Vill. of Pittsford Planning & Zoning Bd. of Appeals
...106 (1986) ; Wegmans Enterprises, Inc. v. Lansing , 134 A.D.2d 898, 521 N.Y.S.2d 1011 (4th Dept. 1987), aff'd , 72 N.Y.2d 1000, 534 N.Y.S.2d 372, 530 N.E.2d 1292 (1988). This Court certainly understands Petitioners' exasperation with the handling of their project; however, the PZBA took a g......
-
Troy Sand & Gravel Co., Inc. v. Fleming
...will provide a rational basis for the denial of a special use permit application (see Matter of Wegmans Enters. v. Lansing, 72 N.Y.2d 1000, 1001–1002, 534 N.Y.S.2d 372, 530 N.E.2d 1292 [1988] ). A town board's determination in this regard will not be disturbed unless it is illegal, arbitrar......
-
Muller v. Zoning Bd. of Appeals Town of Lewisboro
...is ... sufficient basis upon which the zoning authority may deny the permit application" ( Matter of Wegmans Enters. 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, ......
-
Frigault v. Town of Richfield Planning Bd.
...Appeals of Town of Hempstead, 98 N.Y.2d 190, 194, 746 N.Y.S.2d 662, 774 N.E.2d 727 [2002];Matter of Wegmans Enters. v. Lansing, 72 N.Y.2d 1000, 1001–1002, 534 N.Y.S.2d 372, 530 N.E.2d 1292 [1988];Troy Sand & Gravel Co., Inc. v. Town of Nassau, 101 A.D.3d 1505, 1509, 957 N.Y.S.2d 444 [2012] ......