Agenda - Planning Commission - 07/01/1997

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Page 6 - June 10, 1997 Z.B. company's appeal. see also: Foster v. Mayor of Beverly, 53 N.E.2d 693 (1944). see also: Livoli v. Zoning Board of Appeals of Southborough, 676 N.E.2d 68 (1997). Accessory Use - Business says it can sell gasoline at convenience store Appeal of Dillon Real Estate Co. Inc., 688 A.2d 1264 (Pennsylvania) 1997 Turkey Hill Minit Markets owned a parcel of land in a Mount Pocono, Pa., downtown commercial zoning district. It asked the Mount Pocono Borough Council if it could establish a convenience store that also sold gasoline. The borough council determined that zoning laws prohibited the sale of gasoline in downtown commercial districts, so it rejected the plan. The laws permitted gasoline sales in general commercial districts. Turkey Hill appealed the decision to the Zoning Hearing Board, arguing the sale of gasoline would not be a principal use of the property, but an accessory use to the convenience store. The board made the following findings of fact: The property was located in the downtown commercial district; and based on the returns of other stores, the gasoline sales would constitute 47 percent of the proposed store's gross sales. The board said Turkey Hill was prohibited from selling gasoline in a downtown commercial district, as either a principal or accessory use. Turkey Hill appealed the board's decision to court. According to the court, the sale of gasoline was not an accessory use, and even if it was, it was not permitted in the downtown commercial district. Turkey Hill appealed, arguing gasoline could be sold in the district, provided it was a secondary or accessory use. DECISION: Affirmed. The zoning ordinance prohibited Turkey Hill from selling gasoline, as either a principal or accessory use, in downtown commercial districts. According to the ordinance, only property in general commercial districts could have gasoline- selling operations. 100 Conditional Approval- Board approves only two-fifths of subdivision's proposed lots Matter of Graham, 654 N.Y.S.2d 542 (New York) 1997 Graham requested approval to develop 25 lots on a Tully, N.Y., parcel of land. The Tully Planning Board approved 10 of the 25 proposed lots, but made approval of the remaining lots conditional, requiring Graham to build a second access to a public highway. Apparently, the board did not explain why the second access was necessary for the remaining 15 lots. Graham asked a court to annul the board's condition, but the court dismissed Graham's petition. Graham appealed.