The Appellate Division recently upheld a determination by the Board of Standards and Appeals rejecting an application to place advertising signs on the roof and walls of buildings near the exit roadway of the Holland Tunnel. The Court said that the Board’s determination was neither arbitrary or capricious, an abuse of discretion, or contrary to the law. Specifically, the Court agreed with the Board’s interpretation that the exit roadway is an "approach" within the meaning of the Rules of City of New York Department of Buildings § 49-01, and therefore is an "arterial highway" within the meaning of § 42-55 of the Zoning Resolution. Finally, the Court noted that although the Department of Buildings had previously approved the signs, the Board may subsequently reject its previous findings if it adequately explained its reasons for doing so. The appellate court rejected the petitioner’s argument that the rejection was a violation of commercial free speech.
The case is Take Two Outdoor Media, LLC v Board of Standards and Appeals of the City of New York, 2015 WL 2401486 (App. Div. 1st Dep’t.). and can be accessed at: http://www.courts.state.ny.us/REPORTER/3dseries/2015/2015_04387.htm