Agenda - Planning Commission - 11/07/1996

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!Page 4 -- October 15, 1996 g.B. i development would not be detrimental to either the township's master plan or (its zoning ordinances. ~. Pullen, a residential neighbor, sued the township, claiming the board in- ,correctly considered whether the proposed development would benefit the ~ community. According to Pullen, the board should have determined the ben- !efit of each variance on the community, rather than considering the effect of ithe entire proposal. For example, it should not have granted the 20-foot set- ~ back variance without first determining how the setback variance would ben- : efit the community. Pullen also argued the board didn't have enough facts to support its conclusion. The court dismissed Pullen's complaint. It also found that Feinberg's prop- erty was a corner lot, but that the board was justified in granting the setback variance. Pullen appealed. DECISION: Affirmed. The board properly granted subdivision approval and the variances. Pullen's interpretation of the "flexible c" variance requirements was too narrow. Variances could not be considered in isolation, as he implied. They had to be considered in the context of their effect on the entire proposal, the neighborhood and the zoning plan. The board was correct in determining that the proposal would benefit the neighborhood, and then granting the vari- ances to advance that interest. The board made sufficient findings to support its conclusion -- its resolu- tion was 13 pages long. .- Bressman v. Gash, 621 A.2d 476 (1993). Wawa Food Market v. Ship Bottom PIanning Board, 545 A.2d 786 (1988). Recreational Use -- Rod and gun club would rather be a shooting preserve Millerton Properties Associates v. Town of North East Zoning Board of Appeals, 643 N.Y.S. 2d 169 (New York) 1996 Millerton asked the town of North East (N.Y.) Zoning Board of Appeals for -- among other things -- permission to operate a state-licensed shooting preserve in the very-low-density district. It also sought the right to offer meals and overnight lodging in its clubhouse. The board denied the requests to run a shooting preserve and offer meals and lodging. It allowed Millerton to run a rod and gun club, which Millerton began doing. After the board made its decision, the town amended its zoning code. Under the new code, a shooting preserve was not allowed as a principal or specially permitted use in the very-low-density district. It did allow rod and gun clubs in that zone with a special permit, though. Also, rod and gun clubs operating with a special permit could have a "meeting house" that offered food and lodging to members. Millerton asked a court to review the board's decision. Based on the