After applicants were granted an area variance to install an in-ground pool in the side-front yard of their corner lot, a neighbor appealed and the trial court dismissed the petition. The appeals court upheld the dismissal, finding that the zoning board of appeals properly engaged in the required statutory balancing test and that their decision to grant the variance was not unreasonable, arbitrary or capricious.
Ferencik v. Zoning Board of Appeals of Town of Oyster Bay , 2010 WL 2199665 (N.Y.A.D. 2 Dept. 6/1/2010).
The opinion can be accessed at: http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2010/D27692.pdf
