283 A.D. 718 | N.Y. App. Div. | 1954
Proceeding pursuant to article 78 of the Civil Practice Act, to review a determination of the zoning board of appeals of the Village of Pleasantville denying petitioner’s application for a variance of the village zoning ordinance so as to permit erection of an electrical substation in a residence use district. The proceeding was transferred to this court. (Civ. Prac. Act, § 1296.) Proceeding dismissed on the merits, with $10 costs and disbursements, • and the determination of the board unanimously confirmed. The proposed site of the substation was purchased by the petitioner on June 20, 1930, thre'e years after it had been zoned for residence. The greater part of the proposed site is in the most highly restricted zone. Petitioner was therefore on notice of the impediment which confronted it in obtaining a permit for the erection of a substation. The cost of the proposed substation was estimated to be $1,250,000. It was to be 133 feet wide, 159 feet long, 18 feet high, and was to occupy 20,000 of the 120,000 square feet of petitioner’s land. It therefore would be a structure of substantial size and, even though the plans call for screening by way of landscaping, it obviously