Real Holding Corp. v. Lehigh
Opinion of the Court
In a proceed
Ordered that the judgment is affirmed, with costs.
Contrary to the contention of the Zoning Board of Appeals of the Town of Wappinger, Town Law § 274-b does not preclude the granting of a special use permit by a Town Board after a variance has been obtained for specific special use permit criteria from a Zoning Board of Appeals. Indeed, Town Law § 274-b (3) expressly provides for the issuance of a special use permit in conjunction with an area variance (see Matter of Sunrise Plaza Assoc. v Town Bd. of Town of Babylon, 250 AD2d 690 [1998]; Matter of Dennis v Zoning Bd. of Appeals of Vil. of Briarcliff Manor, 167 Misc 2d 555 [1995]; see also Village Law § 7-725-b [3]).
The appellants’ remaining contentions are without merit. Ritter, J.P., S. Miller, H. Miller and Cozier, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.