Posted on January 9, 2009 by Kevin Sheerin

Opponents of the Trump Soho hotel plan to keep fighting

The Supreme Court dismissed the Soho Alliance’s appeal challenging the city’s approval of the Trump Soho condominium-hotel. The Court agreed with the Board of Standards and Appeals’ decision to uphold the Department of Buildings permit for the hotel. The not yet completed building is 449 feet and between 43 and 46 stories tall. The Soho Alliance plans to take their case to the Appellate Division charging that the project is overbuilt by several thousand square feet.

Read article here.

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Posted on December 15, 2008 by Kevin Sheerin

Building permit and variance granted due to petitioner's lack of noneconomic concerns

Matter of Tappan Cleaners v Zoning Board of Appeals of Village of Irvington

An Article 78 appeal was commenced to review a determination of the Zoning Board of Appeals of Irvington (ZBA) upholding the issuance of a building permit and granting application of 53 Main Realty, LLC a variance to use combustible solvents in its laundry business. The Supreme Court granted the petition and annulled the determination of the ZBA leading to this Article 78 appeal.

When reviewing the initial ruling of the Supreme Court, the Court found that they erroneously determined that the petitioner had standing to challenge the determination of the ZBA because the petition failed to allege any clear noneconomic concerns. Instead, petitioner’s challenge was hinged on a fear of increased business competition. This type of interest is not protected by relevant zoning regulations. Though Petitioner claimed the building permit and variance would cause potential safety issues and reduce neighboring property value, these claims were conclusory and speculative and not sufficient to establish standing.

Accordingly, the Court reversed the judgment, with one bill of costs, confirmed the determination, denied the petition, and dismissed the proceeding.

Matter of Tappan Cleaners v Zoning Bd. of Appeals of Vil. of Irvington (2008 NY Slip Op 09806)

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Posted on June 26, 2008 by Kevin Sheerin

Article 78 appeal against issuance of building permit and certificate of occupancy denied

Matter of Clarke v Town of Sand Lake Zoning Board of Appeals

This article 78 proceeding was an appeal from a judgment dismissing petitioner’s application to review a determination of respondent, Town of Sand Lake Zoning Board of Appeals, issuing a building permit and certificate of occupancy to respondents Richard and Diane Morris.

Petitioner, Nancy Clarke, owns property in Sand Lake adjacent to the lakefront property owned by respondents, Richard and Diane Morris. In June 2006, respondent Town of Sand Lake Code Enforcement Officer issued a building permit. Petitioner appealed to respondent Town of Sand Lake Zoning Board of Appeals (ZBA) and commenced an action in Supreme Court. The court dismissed this action.

Petitioner commenced this article 78 proceeding to annul the ZBA’s decision. The Court notes that petitioner was aware that construction was occurring on the neighboring property prior to and during the construction and did not appeal to the ZBA until late October 2006. The doctrine of laches bars petitioner’s challenge due to her delay in seeking protection for her interests and her inability to provide a reason for not acting sooner. Also, the ZBA’s determination was not arbitrary and capricious.

Accordingly, the Supreme Court affirmed the judgment, without costs.

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