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MTR. FRIENDS OF SHAWANGUNKS v. KNOWLTON

64 N.Y.2d 387 (1985)

In the Matter of Friends of the Shawangunks, Inc., et al., Respondents, v. Frank Knowlton et al., Constituting the Planning Board of the Town of Rochester, Appellants, and Marriott Corporation, Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided March 19, 1985.

Attorney(s) appearing for the Case

Arthur M. Kahn for appellants.

Benjamin R. Pratt, Jr., and Robert J. Kafin for intervenor-appellant.

Philip H. Dixon, Philip H. Gitlen and William Ginsberg for respondents.

David S. Sampson, Gail Bowers and William A. Kuchinski for Adirondack Council, Scenic Hudson, Inc., and another, amici curiae.

Chief Judge WACHTLER and Judges JASEN, SIMONS, KAYE and ALEXANDER concur.

MEYER, J.

Notwithstanding that a previously granted conservation easement proscribes erection of residences on part of the land included in a cluster zoning application, the land thus burdened may be counted in determining the number of residential units that may be erected on the unburdened acreage. A conservation easement is not an "applicable requirement" within the meaning of Town Law § 281 (b), and...

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