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Appellate Court upholds Newstead Zoning Board on airport expansion

A state appellate court has upheld the Newstead Zoning Board’s rejection of a variance that would have allowed the paving of an existing turf runway at Akron Airport.

The owner of the airport, Christian Airmen Inc., had challenged the Zoning Board’s denial in State Supreme Court. Justice Joseph R. Glownia ruled in favor of the airport last year and vacated the Zoning Board’s denial of the use variance.

But the Appellate Division of state Supreme Court agreed with the Zoning Board in a ruling issued late last month.

The appeals court decision stated there is no record that the alternate runway “predated the enactment of the town’s first zoning ordinance.” The owners also did not establish that the runway could not be used for agricultural purposes, and the Appellate Division ruled the “alleged hardship is self-created.”

The court also said the record in “silent” on a paving variance alleged to have been granted in 2008, or if earlier variances pertained to the parcel that includes the runway.