Real Holding Corp. v. Town of Wappinger, 1 N.Y.3d 298 (2004)
A zoning board of appeals (ZBA) has the authority to grant area variances from any requirement in a zoning regulation, including those for a special use permit, pursuant to Town Law § 274-b (3).
Summary
Real Holding Corp. (RHC) sought to develop a gasoline filling station on a parcel of land but was unable to meet the distance requirements for a special use permit. RHC applied to the Town of Wappinger’s ZBA for area variances, which were denied based on the ZBA’s belief that it lacked jurisdiction to grant variances from special use permit requirements. The New York Court of Appeals held that Town Law § 274-b (3) grants ZBAs the authority to issue area variances from special use permit requirements, clarifying the relationship between subdivisions (3) and (5) of the statute. This decision affirms the ZBA’s role in mitigating the rigid application of zoning regulations.
Facts
RHC acquired land in a Highway Business District previously used as a gas station. To re-establish a gas station, RHC needed a special use permit, but the property did not meet the Town Code’s distance requirements: 1,000 feet from residentially zoned lands and 2,500 feet from other gas stations. RHC’s initial variance request was denied by the ZBA, which cited a lack of jurisdiction. After being denied a special use permit by the Planning Board in 2000, RHC again requested variances from the ZBA, which again denied the application, maintaining it lacked the power to grant area variances from special use permit requirements absent explicit authorization from the Town Board.
Procedural History
RHC filed a CPLR Article 78 proceeding to annul the ZBA’s decision. Supreme Court granted RHC’s petition, remitting the matter to the ZBA, holding that Town Law § 274-b (3) authorizes ZBAs to grant area variances from special use permit requirements. The Appellate Division affirmed. The ZBA appealed to the New York Court of Appeals.
Issue(s)
Whether Town Law § 274-b (3) authorizes a zoning board of appeals (ZBA) to grant area variances from special use permit requirements.
Holding
Yes, because Town Law § 274-b (3) plainly states that “application may be made to the [ZBA] for an area variance” where a special use permit does not comply with zoning regulations, “[n]otwithstanding any provision of law to the contrary.”
Court’s Reasoning
The Court relied on the plain language of Town Law § 274-b (3), which allows application to a ZBA for an area variance when a special use permit does not comply with “zoning regulations.” The Court noted that the statute does not differentiate between general zoning requirements and those specific to special use permits. The court stated, “To hold that a ZBA may vary certain zoning provisions only if expressly empowered to do so by the town board overlooks the entire purpose of the ZBA, which is to provide relief in individual cases from the rigid application of zoning regulations enacted by the local legislative body.” The Court further reasoned that Town Law § 274-b is entitled “Approval of special use permits,” and subdivision (3) directs that application for an area variance may be made to the ZBA “pursuant to” section 267-b, which supplies the procedures for a ZBA to follow when issuing an area variance. The Court also clarified that subdivision (5), which allows a town board to empower an “authorized board” to waive special use permit requirements, does not conflict with subdivision (3); subdivision (5) provides a broader waiver authority, while subdivision (3) specifically addresses area variances granted by the ZBA. The Court emphasized that ZBAs are “vested with the exclusive power to grant or deny, in the first instance, a variance from the zoning ordinances” (Matter of Commco, Inc. v Amelkin, 62 NY2d 260, 266 [1984]). The Court found that the legislative history supported the distinct purposes of subdivisions (3) and (5), with subdivision (3) addressing dimensional difficulties through area variances granted by the ZBA.