Where the zoning board of appeals determined that the subject property complied with the square footage requirement of the zoning district and the gross floor ratio requirement of the applicable zoning code, neighbors commenced a proceeding to annual the determination which upheld the issuance of a building permit thereon. Because it was undisputed that the petitioners failed to pursue an available remedy pursuant to the Village Code which authorizes an appeal to the zoning board from the issuance of a building permit, the appeals Court upheld dismissal for failure to exhaust administrative remedies.
Further, with respect to the zoning board’s interpretation of the zoning code provisions with respect to square footage and floor area ratio, the Court upheld the board’s finding since the interpretation reasonable and not arbitrary and capricious nor irrational.
Henderson v Zoning Board of Appeals, 2010 WL 1379812 (N.Y.A.D. 2 Dept. 4/6/2010).
The opinion can be accessed at: http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2010/D26880.pdf
