Opinion
Argued November 11, 1999
Decided December 16, 1999
Appeal from the Court of Appeals from order of the Appellate Division of the Supreme Court, Second Judicial Department.
Steven M. Schapiro, for appellant.
Thomas McKevitt, for respondent.
Janet M. Insardi, for intervenor-respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed, with costs.
The Zoning Board of Appeals held that the caretaker's apartment was a permitted accessory use, given the size of the beach club and the propensity for vandalism in an area that was deserted when the club was not in use. That determination was neither irrational, unreasonable nor inconsistent with the governing statute (Matter of New York Botanical Garden v. Board of Stds. Appeals, 91 N.Y.2d 413, 419). The lodging and sleeping prohibitions of the Town ordinance apply only to the beach club, not to its permitted accessory uses.
Order affirmed, with costs, in a memorandum. Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.