Informal Opinion No.

Mahlon R. Perkins, Esq. Town Attorney, Dryden

You have asked whether a town may enact a local law providing that frontage on seasonal limited use highways established under Highway Law, § 205-a does not constitute frontage on a highway for purposes of a town zoning ordinance.

Section 205-a of the Highway Law gives town highway superintendents authority to discontinue snow and ice removal and winter maintenance on unpopulated town highways "without occupied residences or commercial buildings dependent upon such highways for access" (Highway Law, §205-a[2]). Section 205-a was enacted in response…