(DOWNLOAD) "Matter Young Men's Christian Association Greater New York v. John J. Burns Et Al." by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Matter Young Men's Christian Association Greater New York v. John J. Burns Et Al.
- Author : Supreme Court of New York
- Release Date : January 19, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
The board's determination was based in part on a finding that the proposed use would increase an already serious traffic problem in the Village of Bayville. This was the only finding which the Justice at Special Term sustained; he rejected the board's other findings as being either without support in the record or completely irrelevant to the application. The experts produced by both sides at the hearing before the Special Term testified substantially to the effect: (1) that the problem of excessive traffic congestion exists in this resort area only during peak hours on week ends in the Summer, on Bayville Avenue east of the Ludlam Avenue intersection in the Village of Bayville, at which times there is a flow of approximately 1,000 cars an hour; (2) that the congestion could be alleviated by appropriate traffic control measures by the village authorities and by the completion by the town of a new by-pass road, for which the fill has been laid; and (3) that the additional flow of approximately 25 cars an hour which will be generated by the petitioner's proposed use on week ends and which is less than would be caused by some of the permitted uses per se under the ordinance, will not make any material or substantial difference in the traffic conditions in the area. Since the board's finding (that the proposed use would increase an already serious traffic problem) is without support in the record, their determination based thereon is unreasonable and arbitrary, and may not stand (Matter of Green Point Sav. Bank v. Board of Zoning Appeals of the Town of Hempstead, 281 N. Y. 534, 539; 1 N. Y. Jur., Administrative Law, § 184). In view of the foregoing, the appeal from the order dated January 13, 1961, is dismissed as academic.
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