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Long Island University v. Board of Appeals

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 1986
122 A.D.2d 53 (N.Y. App. Div. 1986)

Opinion

July 7, 1986

Appeal from the Supreme Court, Nassau County (Burke, J.).


Judgment affirmed, without costs or disbursements.

It is well settled that municipalities, in granting a special use permit, may place reasonable zoning restrictions upon educational uses carried on by private educational institutions (see, Matter of New York Inst. of Technology v Le Boutillier, 33 N.Y.2d 125; Matter of Diocese of Rochester v Planning Bd., 1 N.Y.2d 508, 526), so long as the conditions so established relate directly to, and are incidental to, the proposed use of the real property and not to the manner of the operation of the particular enterprise conducted on the premises which are the subject of the special permit (Matter of Summit School v Neugent, 82 A.D.2d 463, 466-467; see, Matter of Community Synagogue v Bates, 1 N.Y.2d 445; Bernstein v Board of Appeals, 60 Misc.2d 470, appeal dismissed 31 A.D.2d 650, lv denied 23 N.Y.2d 646). Furthermore, conditions imposed by a Board of Zoning Appeals must be authorized by the zoning ordinance (Matter of Community Synagogue v Bates, supra; Matter of Schlosser v Michaelis, 18 A.D.2d 940; Bernstein v Board of Appeals, supra).

Applying these principles of law to the instant proceeding, Special Term properly determined that the three conditions challenged by the petitioner were within the power of the respondent to impose. We merely note that should the petitioner wish to apply for development of the "environmental [study] area", after the 10-year moratorium contained in condition No. 8 expires, it may also, at that time, apply for a modification of condition No. 6 so as to allow motor vehicle access between that area and Whitney Lane. Lazer, J.P., Mangano, Gibbons and Spatt, JJ., concur.


Summaries of

Long Island University v. Board of Appeals

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 1986
122 A.D.2d 53 (N.Y. App. Div. 1986)
Case details for

Long Island University v. Board of Appeals

Case Details

Full title:In the Matter of LONG ISLAND UNIVERSITY, Appellant, v. BOARD OF APPEALS OF…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 7, 1986

Citations

122 A.D.2d 53 (N.Y. App. Div. 1986)

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