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Town May Prohibit Use of Land Solely for Access to Abutting Parcel

By Steven Silverberg and Katherine Zalantis

The Appellate Division held that a town could prohibit a proposed road over property zoned for commercial and single family use when the road was intended solely to serve a multi-family use on an abutting parcel. In Matter of BBJ Associates LLC v. Zoning Board of Appeals of the Town of Kent, the applicant proposed a multi-family development on a parcel in the adjoining Town of Carmel but with the sole access to the property over a highway through another parcel in the Town of Kent which is not zoned for multi-family use. The petitioner argued "the "entranceway" or "access road" was not a principal use, an accessory use, or a "driveway;" rather, it was an "infrastructure improvement" pursuant to Town of Kent Zoning Code former § 77-6(F)." On the basis of that interpretation, the petitioner claimed that the zoning board should be reversed...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on June 27, 2009 (boomark / email).