MATTER OF INCORPORATED VILLAGE OF ATLANTIC BEACH v. ZONING BOARD OF APPEALS OF THE TOWN OF HEMPSTEAD


94 N.Y.2d 842 (1999)

724 N.E.2d 365

702 N.Y.S.2d 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.

Court of Appeals of the State of New York.

Decided December 16, 1999.


Attorney(s) appearing for the Case

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.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.


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 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...

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