Agenda - Planning Commission - 02/02/2012

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Zoning Bulletin November 25, 2011 1 Volume 51 No. 22 See also: Pike u Bruce Church, Inc., 397 U.S. 137, 90 S. Ct. 844, 25 L. Ed. 2d 174 (1970). , Case Note: In its opinion, the court also made note that: the Federal Power Act did not permit states to regulate the generation of electric energy free from Commerce Clause restraint; and the Energy Policy Act did not affirmatively permit states to regulate the generation of electric energy free from Commerce Clause restraint. Validity of Zoning Regulations—Zoning Ordinance Prohibits Construction over a certain Height above the Side of a Specific Road Building permit applicant contends ordinance is unconstitutionally void-for-vagueness Citation: Cunney u Board of Trustees .of Village of Grand View, N.Y., 2011 WL 4953 061 (2d Cir. 2011) The Second Circuit has jurisdiction over Connecticut, New York, and Vermont. SECOND CIRCUIT (NEW YORK) (10/19/11)----This case addressed the issue of whether a provision of a village zoning law was unconstitu- tionally vague as applied. The Background/Facts: Brendan Cunney ( "Cunney ") owned a half acre of property adjacent to the Tappan Zee Bridge within the Village of Grand View - on- Hudson (the "Village ") in Rockland County, New York. The property was bounded by the Hudson River to the east and River Road to the west. In 2006, Cunney sought to improve his property. He applied to the Vil- lage for the requisite permits to construct a single-family residence. Because of the location of Cunney's property, his proposed development triggered section E of the Village zoning law. Section E provided that to - preserve' resery the remaining views of the Hudson River from River Road, "no building shall be erected ... which shall rise more than two stories in.height nor more than four and one -half (4 1/2) feet above the easterly side of River Road." Cunney sought clarity from the Village's Zoning Board of Appeals (the "ZBA ") as to where measurements should be taken to ensure section E compliance. However, the ZBA declined to interpret section E. Eventually, in September 2006, the Village Planning Board approved Cunney's revised site plan. The site plan included road elevation levels and house height measurements from five different stations on Cunney's lot— to show compliance with section E. In October 2006, the Village building inspector issued Cunney a build- ing permit. © 2011 Thomson .Reuters 7