Nanuet, New York
Re-use of an existing church and school building by a Jewish religious school. The Town of Clarkstown Building Department denied a building permit to Ateres based on a misreading of the Zoning Code. The Zoning Code appears to require that uses other than one-family homes be located on state or county major or secondary roads. The Building Department claimed that this was a use requirement, not a bulk regulation. The Department then claimed that the school use of the site had ceased more than one year prior to the permit application, and therefore the prior non-conforming use had therefore expired.
Partnering with the global law firm of Weil, Gotschal & Manges, we prepared and submitted an appeal to the Clarkstown Zoning Board of Appeals.
Unfortunately, as a result of the Town's actions, Ateres was unable to obtain funding to purchase the property, and the transaction was cancelled. Nevertheless, Ateres is persisting in its appeal.
Narrative Summary to Clarkstown ZBA (large file: 8MB)