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:

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