The zoning board’s denial of an application for a natural resources special use permit and three area variances was upheld where the record supported a finding that the Board considered all of the relevant factors enumerated in Town Law §267-b(3)(b). Further, although the applicant alleged that the denial was irrational because it failed to comply with prior precedent, the Court concluded that the Board’s explanation as to why they denied the application despite having granted the prior owner a permit to construct a home on the property was rational and satisfactory.
Foti v. Town of East Hampton, 2009 WL 884727 (N.Y.A.D. 2 Dept. 3/31/2009).
The opinion can be accessed at: http://www.nycourts.gov/reporter/3dseries/2009/2009_02597.htm
