In the Matter of G&P Investing Company v. Foley , G& P Investing Company applied for a special permit to build a single-family home on a piece of property located in a J2 Business District.
After the Brookhaven Town Board denied G & P's request, the latter filed a special proceeding with the Suffolk County Supreme Court, which found in the company's favor.
On appeal, the Appellate Division, Second Department, thought the proposed construction fell within a use allowed by law because it was "in harmony with the general zoning plan and [would] not adversely affect the neighborhood." (According to the AD2, the proposed single-family construction met all of the governing requirements: the structure was consistent with the area's existing buildings and presented fewer adverse effects than a commercial use would.)
And, since the Board's basis for its denial was unclear and unsupported by any "factual data and empirical evidence," the AD2 felt it had little choice but to affirm G&P's victory.
Now that was in the zone!
To view acopy of the Appellate Division's decision, please use this link: Matter of G&P Investing Company v. Foley