August 22, 2014 | 799 views
Court denies Atlantic Beach residents’ appeal
An appellate judge, in an Aug. 6 ruling, dismissed claims by Atlantic Beach residents that a beach club’s town-approved expansion threatened property values.
Ruth and Seymour Radow now both deceased, who lived 0.69-mile from the beach club, claimed that their property value would be damaged due to traffic congestion and overcrowding.
Community members, including the Radows, opposed the variances at a March 2012 Town of Hempstead hearing based on their belief the expanded construction would harm the barrier beach and infringe on the marine recreation zoning established in 1987 by the town to preserve the beaches by prohibiting development of beach club properties for housing.
The New York Supreme Court Appellate Division upheld a state Supreme Court determination that residents near the beach club did not have the standing to oppose the Town of Hempstead’s 2012 Board of Zoning Appeals decision allowing the town to issue zoning variances to the club’s owner, Atlantic Beach Land Company, to legalize existing structures such as its clubhouse and several cabanas.
“This decision reinforces the requirement that one who wishes to challenge the grant of a zoning board must allege an actual, specific harm to his own particular property or interests in order to bring a suit against a proposed development or zoning decision, Christian Browne, the Uniondale-based lawyer who represented the beach club owner, said in a release.
The court said that the Radows had to show that any harm to their property they would have suffered would be different from that suffered from the public at large. The court found that their claims of damage due to overcrowding and congestion were purely speculative and not unique.