29 A.D.2d 655 | N.Y. App. Div. | 1968
Judgment of the Supreme Court, Nassau County, dated February 15, 1967, which declared defendant’s zoning ordinance confiscatory and unconstitutional as applied to plaintiff’s property, reversed, on the law and the facts, without costs, and judgment granted declaring the ordinance constitutional as it pertains to plaintiff’s land. The subject 80,000 square foot parcel, situated in a residential area in appellant village on the northerly side of Northern Boulevard, consists of lots 17 and 18, in Block 76 of Section 6 on the tax map of Nassau County. The tract runs 391 feet along said thoroughfare, from which it rises steeply to the rear at the north, for a depth of about 290 feet, at a cul-de-sac in Fernwood Drive, upon which it has a frontage of about 108 feet. The commercial area in the over-all village plan begins at a distance of at least 2,000 feet on Northern Boulevard west of the subject parcel. Under the zoning ordinance of the village, which was adopted in 1937 and re-enacted in 1954, the premises were zoned Residence B-l, i.e., for single detached dwellings on minimum plots of 12,500 square feet, in which residents may practice such professions as medicine or law, and for clubs. Plaintiff bought this parcel for about $8,000 or $10,000 about 1958, with knowledge of its zoning. Thereafter, he prepared a proposed
