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Court Upholds Planning Board On Location Of Property Access

By Steven Silverberg and Katherine Zalantis

The Appellate Division upheld a local planning board on a challenge to the location of access for a retirement community. In Matter of Fairway Manor, Inc. v. Bertinelli, an adjacent retirement community challenged the site plan approval based upon the proximity of the new access for the proposed development to the access for petitioner's property. Previously, the property at issue, which is near the Sunrise Highway, had been occupied by a multiplex cinema. After ramps from the Sunrise Highway were relocated, the New York State Department of Transportation (DOT) required that any future access to the site had to be located at the western edge of the property (where petitioner's property is located) because of safety concerns relating to the relocated Sunrise Highway ramps...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on February 19, 2011 (boomark / email).