IN RE: INCORPORATED VILLAGE OF ATLANTIC BEACH (1999)

Court of Appeals of New York.

IN RE: INCORPORATED VILLAGE OF ATLANTIC BEACH, Appellant, v. ZONING BOARD OF APPEALS OF THE TOWN OF HEMPSTEAD, Respondent. Sunny Atlantic Partners, Intervenor-Respondent.

Decided: December 16, 1999

Schapiro & Reich, Lindenhurst (Steven M. Schapiro and Perry S. Reich of counsel), for appellant. Joseph J. Ra, Town Attorney of Town of Hempstead (Thomas McKevitt of counsel), for respondent. Forchelli, Schwartz, Mineo & Carlino, L.L. P., Mineola (Janet M. Insardi of counsel), for intervenor-respondent.

OPINION OF THE COURT

The order of the Appellate Division should be affirmed, with costs.

The Zoning Board of Appeals held that the caretaker's apartment was a permitted accessory use, given the size of the beach club and the propensity for vandalism in an area that was deserted when the club was not in use. That determination was neither irrational, unreasonable nor inconsistent with the governing statute (Matter of New York Botanical Garden v. Board of Stds. & Appeals, 91 N.Y.2d 413, 419, 671 N.Y.S.2d 423, 694 N.E.2d 424). The lodging and sleeping prohibitions of the Town ordinance apply only to the beach club, not to its permitted accessory uses.

Order affirmed, with costs, in a memorandum.

MEMORANDUM.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

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