Opinion
July 29, 1985
Appeal from the Supreme Court, Dutchess County (Donovan, J.).
Judgment affirmed, with costs.
Petitioner owns property, located within respondent town, which is utilized as a gasoline filling and automobile repair station pursuant to a certificate of nonconformity. Petitioner sought a permit for the demolition of existing above-ground structures and erection of replacement structures which would be used for the same purposes. Reconstruction of buildings devoted to a nonconforming use in order to promote a nonconforming use is unequivocally barred under LaGrange Zoning Code § 100-14 (F) (1), which states in pertinent part: "[A]ny building or other structure or part thereof devoted to a nonconforming use shall not be enlarged, extended, reconstructed or altered, except where the result of such changes is to reduce or eliminate the nonconformity".
There was, in short, a rational basis for the determination of the respondent board which affirmed the denial of a construction permit to petitioner. Mangano, J.P., Thompson, O'Connor and Weinstein, JJ., concur.