Posted by: Patricia Salkin | April 10, 2013

NY Appellate Court Upholds Denial of Area Variances and Board’s Interpretation of Ordinance

Since zoning boards have broad discretion in considering requests for area variances, where the relevant statutory factors are weighed and where the record demonstrates, such as in this case, that the board had a rational basis for the denial, the Court will uphold the zoning board’s determination.  Further, the Court upheld the board’s treatment of a “garden feature” as a structure based on the board’s interpretation of the zoning ordinance.

Barros v Town of Ossining Zoning Board of Appeals, 2013 WL 1632502 (N.Y.A.D. 2 Dept. 4/17/2013).

The opinion can be accessed at:  http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2013/D37978.pdf


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

Categories

%d bloggers like this: