52 Misc. 2d 726 | N.Y. Sup. Ct. | 1966
In this proceeding pursuant to article 78 of the CPLR, the petitioner, a religious corporation seeks to compel the Building Inspector of the Village of Scarsdale to issue a permit for the erection in a Residence District, of an addition to an existing temple and for its alteration. The facts are not in dispute. Pursuant to the provisions of the Scarsdale Building Zone Ordinance, petitioner applied to the Planning Commission of the village in March, 1965 for the approval of a site plan for the proposed expanded building. The site plan was approved in June, subject to compliance by petitioner with certain specified conditions, which were not fully complied with until April 21, 1966. On April 21, 1966, pursuant to the requirements of the village code, petitioner filed final plans, which were reviewed by the Building Inspector and referred to the Board of Architectural Review for approval. The plans were approved by that board on May 25, 1966. On that date, since the Scarsdale village code permits churches, and other structures designed for religious purposes in all residence districts, and petitioner had complied with all the requirements of the village code which were in effect when it first applied for a permit, petitioner would have been entitled to a permit, if it were not for the provisions of an ordinance adopted May 10, 1966, which provided that in the case of nonresidential buildings in any Residence A District the Planning Commission should prescribe the height, length and width of all buildings, the percentage of the area of the lot which they should occupy, and the distances which they should be set back from lot lines, and the number of parldng spaces to be maintained in connection therewith. The planning board was directed in prescribing such requirements, to take into consideration, among other factors, the general character of the neighborhood, the size and location of the buildings in the vicinity, the extent and types of uses to be made of the proposed buildings, and traffic conditions and parking facilities in the area, and the restrictions to he imposed were required to he consistent with public health, safety and
Petitioner asserts that the ordinance of May 10, 1966 is unconstitutional, insofar as it applies to the Westchester Reform Temple, in that it violates section 3 of article I of the Constitution of the State of New York, and the First and Fourteenth Amendments to the Constitution of the United States, that the Board of Trustees of the village is not empowered to delegate to the Planning Commission the right to fix side yard setbacks, height, or other considerations required by the ordinance, that the ordinance is invalid in that it does not provide for uniform regulation for each class or kind of building throughout the district, and that the ordinance of May 10, 1966 is not retroactive, and petitioner has a vested right to proceed with the completion of the proposed alteration and expansion of its temple.
In my opinion, although petitioner is entitled to a preferred status as a religious corporation seeking permission to alter and expand its place of worship, and has been heretofore put to considerable trouble and expense in attempting to accomplish its purpose, none of these contentions may be sustained. It may be conceded that petitioner’s temple may not be excluded, either by direct, or indirect prohibition, from the residential district in which it is located, and that petitioner’s right to use its property for religious purposes may not be unreasonably restricted for
The ordinance does not violate section 176 of the Village Law insofar as it provides that regulations shall be uniform for each class or kind of buildings throughout each district, by delegating discretionary authority to the Planning Commission with respect to height of buildings, side yards, and other matters. (Matter of Green Point Sav. Bank v. Board of Zoning Appeals, 281
Respondent is entitled to judgment, dismissing the petition, and judgment is directed to be entered accordingly.