Ellington Construction Corp. v. Zoning Board of Appeals of Inc. Village of New Hempstead

OPINION OF THE COURT

Hancock, Jr., J.

For a village having both a Planning Board and a *118Zoning Board of Appeals, Village Law § 7-708 (2)1 establishes an exemption period of three years after the filing of a subdivision plat during which an amendment increasing lot area or dimension requirements shall not “be applicable to or in any way affect any of the lots shown and delineated on such subdivision plat” (§ 7-708 [2] [a]). Prior to an increase in the applicable area and dimension requirements, the owner of an approved subdivision failed to complete it or to apply for building permits on all of…