Citation Numbers: 5 A.D.2d 996
Judges: Beldock, Hallinan, Murphy, Nolan, Wenzel
Filed Date: 4/10/1958
Status: Precedential
Modified Date: 1/12/2022
Proceeding under article 78 of the Civil Practice Act to review a determination of the respondent Zoning Board of Appeals of the City of Yonkers, affirming a determination of the respondent superintendent of buildings, denying an extension of a building permit theretofore issued to petitioners, and for an order requiring respondents Department of Buildings of the City of Yonkers and superintendent of buildings to issue to petitioners a renewal or extension of said building permit. The proceeding was transferred to this court (Civ. Prac. Act, § 1296). Determination unanimously confirmed, and application to direct respondents Department of Buildings of the City of Yonkers and the superintendent of buildings to issue to petitioners a renewal or extension of the building permit denied, with one bill of $50 costs and disbursements to respondents and intervenors-respondents. The petitioners filed plans with the Department of Buildings for construction of an apartment house upon a plot of land owned by them. The proposed building was one which could lawfully be erected upon the premises under the zoning ordinance then in effect, and the plans were approved by the Department of Buildings. Subsequently the Common Council enacted an amending ordinance known as “ The City of Yonkers, N. Y., Zoning Ordinance of 1953 ”, with an accompanying map by which the classification of petitioners’ premises was changed in such manner as to exclude the apartment building called for by the plans. A permit therefor was, however, subsequently issued. The amending ordinance contained a saving clause (§ 9-A) which would have permitted the erection of the building without change in plans, despite the change in zone, upon petitioners’ compliance with certain conditions, the first of which was that the construction of such building should be actually begun within 210 days of the date of the issue of the permit. Petitioners failed to commence construction within the time so limited by the ordinance. They allege that by reason of the appropriation by the People of the State of New York, for purposes connected with the Thruway system of