In the Matter of Marcel St. Onge v. Jean Donovan, as Chairperson of the Town of Colonie Zoning Board of Appeals…

Summary

The Court held that zoning‑board conditions on a variance must relate solely to the land’s use and not to the identity of the owner or to unrelated parcels; personal conditions are void. Accordingly, the personal condition in St. Onge was invalid and the variance need not be reapplied, while the condition in Driesbaugh requiring cessation of a separate nonconforming use was also invalid, but the condition limiting the number of vehicles on the variance parcel was upheld as a permissible land‑use restriction.