# Incorporated Village of Atlantic Beach v. Zoning Board of Appeals of Hempstead

> New York Court of Appeals · December 16, 1999 · 94 N.Y.2d 842

URL: https://www.frixlaw.com/law-library/cases/5542550

## Case

- **Full name:** In the Matter of Incorporated Village of Atlantic Beach v. Zoning Board of Appeals of the Town of Hempstead, Sunny Atlantic Partners, Intervenor-Respondent
- **Court:** New York Court of Appeals
- **Decided:** December 16, 1999
- **Citations:** 94 N.Y.2d 842; 702 N.Y.S.2d 573; 724 N.E.2d 365; 1999 N.Y. LEXIS 3922
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5542550

## Opinion text

OPINION OF THE COURT
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 *844 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 NY2d 413, 419 ). The lodging and sleeping prohibitions of the Town ordinance apply only to the beach club, not to its permitted accessory uses.
Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.
Order affirmed, with costs, in a memorandum.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5542550. Public record. Not legal advice.