Agenda - Planning Commission - 03/01/2018

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January 25, 2018 I Volume 12 I Issue 2 Zoning Bulletin Case Note: With regard to the holding on deference to the Environmental Division, the court's decision here overruled the following cases: overruling In re Wil- lowell Foundation Conditional Use Certificate of Occupancy, 201 Vt. 242, 2016 VT 12, 140 A.3d 179 (2016); In re Wagner & Guay Permit, 2016 VT 96, 153 A.3d 539 (Vt. 2016); In re Group Five Investments CU Permit, 195 Vt. 625, 2014 VT 14, 93 A.3d 111 (2014); and In re Champlain College Maple Street Dormitory, 186 Vt. 313, 2009 VT 55, 980 A.2d 273, 249 Ed. Law Rep. 284 (2009). Nonconforming Use— ZBA determines that hosting live concerts is consistent with property's prior, legal nonconforming use as a campsite Group of individuals challenge that determination, contending that the use of the property as a campsite did not equate to hosting commercial concerts Citation: Cleere v. Frost Ridge Campground, LLC, 155 A.D.3d 1645, 65 N.Y.S.3d 405 (4th Dep't 2017) NEW YORK (11/17/17)—This case addressed the issue of whether the use of property owned by campsite operators to host live concerts was a preexisting nonconforming use. The Background/Facts: Since the 1950s, Frost Ridge Campground, LLC, individually and doing business as The Ridge N.Y. Recreation & Camping ("Frost Ridge") owned a parcel of land (the "Property") in the Town of Leroy (the "Town"), which functioned as a campsite and provider of recreational activities since the 1950s. In 2010, Frost Ridge began selling tickets for admission to concerts hosted on the Property as part of its summer concert series. In 2015, Frost Ridge sought from the Town an interpretation of certain provisions of the Code of the Town of LeRoy (the "Code") pertaining to the Property. In particular, Frost Ridge asked whether camping and attendant recreational activi- ties, including live and recorded amplified music and limited food ser- 6 © 2018 Thomson Reuters