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Bayswater
Realty & Capital Corp. v. Planning Board of the Town of Lewisboro
Twin Lakes Farms Associates v. Town of Bedford, 215 A.D.2d 667, 628 N.Y.S.2d 310 (2d Dep’t 1995). The court held that a planning board is authorized to require developers to set aside land or money for recreational purposes in addition to the open space already created by the clustering process. “Cluster development is an optional planning technique permitting [p]lanning [b]oards to exercise greater flexibility in subdivision approval for the purpose of achieving more efficient use of land containing unusual features…, for facilitating economical provision for streets and utilities, as well as for preserving the natural and scenic qualities of open lands.”
The court concluded that the Planning Board’s powers under Town Law § 281(d) to cluster development for open space purposes and under § 277(1) to require that a developer set aside land for recreation purposes are not mutually exclusive. It noted that the focus of § 277(1) is the preservation of lands needed by the broader community for park and recreational purposes, while the focus of § 281(d) is the preservation of open lands within the subdivision itself. The court also held that “[i]n a ‘proper case,’ where it has made the necessary findings, the Planning Board is not precluded from exercising its powers under both sections 277(1) and 281(d) with respect to the same subdivision.” If the open space reserved under the cluster development is suitable for recreational use under § 277, the developer may receive credit toward his responsibilities under § 277 to provide land or pay fees for recreation. (Subsequent to this decision, § 281(d) was replaced by ' 278(3), and § 277(1) was replaced by § 277(4).) Bayswater Realty & Capital Corp. v. Planning Board of the Town of Lewisboro, 76 N.Y.2d 460, 560 N.E.2d 1300, 560 N.Y.S.2d 623 (1990). Twin Lakes Farms Associates v. Town of Bedford ˆ
