In the Matter of New York Botanical Garden, Appellant v. Board of Standards and Appeals of the City of New York…

Summary

The New York Court of Appeals affirmed the Board of Standards and Appeals' determination that Fordham University's radio station and 480‑foot tower constitute an accessory use under Zoning Resolution §12‑10, holding the decision was not arbitrary or capricious and warranted deference. The court rejected the Botanical Garden's arguments that the "customarily found" requirement was a pure legal question and that environmental impacts required consideration.