Legal Opinion
Feldman v. Planning Board of Rochester
Appellate Division of the Supreme Court of the State of New York
Decided October 25, 2012Published
1Opinion of the CourtSpain, J.
In 2004, respondent Planning Board of the Town of Rochester issued respondents Real Escapes Property, LLC and Simone Harari (hereinafter collectively referred to as respondents) a special use permit to expand the use and size of a residentiallyzoned (R-l) historic residence located on Kyserike Road in Ulster County from an existing home-based spa into a membership club spa, including a 500-foot addition to the house. The Town’s zoning ordinance was amended in 2009, changing the zoning of the property to AR-3 residential agricultural district and removing the definition of a “club membership.”…
2Cases cited12 opinions
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
- Buechel v. BainNew York Court of Appeals · 2001
- Best Payphones, Inc. v. Department of Information Technology & TelecommunicationsNew York Court of Appeals · 2005
- Walton v. New York State Department of Correctional ServicesNew York Court of Appeals · 2007
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