Posted by: Patricia Salkin | June 15, 2009

Denial of Area Variance Upheld as Board Properly Applied Statutory Test

An appellate court upheld the zoning board’s denial of an area variance, finding that the board properly weighed the relevant statutory factors. The Court noted that the board determined that the requested variance would produce an undesirable change in the character of the neighborhood, that the variance was substantial, and that the alleged difficulty was self-created. Further, the Court found that the board’s decision was rational and not arbitrary.

Salzano v. Zoning Board of Town of Wallkill, 2009 WL 1636280 (N.Y.A.D.2 Dept. 6/9/2009)

The opinion can be accessed at: http://www.nycourts.gov/reporter/3dseries/2009/2009_04913.htm


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