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.
Narrative Summary to Clarkstown ZBA (large file: 8MB)