New York appeals court reinstates town denial of shared driveway for three new homes
The Second Department upheld the Town of Pleasant Valley's refusal of a sight-distance variance and open development area approval, reversing a trial court that had ordered the variance granted.
Owners who plan small residential lot splits served by a shared driveway face a hard road in court if the town says no. On August 26, 2026, the Appellate Division, Second Department, reinstated the Town of Pleasant Valley Town Board's denial of a sight-distance variance and an “open development area” approval for three single-family lots in Bodner v. Town of Pleasant Val. Town Bd., 252 A.D.3d 885, 2026 N.Y. Slip Op. 05098 (App. Div. 2d Dep't Aug. 26, 2026), reversing a Dutchess County trial court that had ordered the variance granted.
Bodner v. Town of Pleasant Val. Town Bd., 252 A.D.3d 885, 2026 N.Y. Slip Op. 05098 (App. Div. 2d Dep't Aug. 26, 2026); N.Y. Town Law §§ 267-b(3)(b), 280-a(4)