Posted by: Patricia Salkin | May 1, 2016

NY Appellate Court Upholds Granting of Variances and Site Plan Based in Part on Letters it Received from Municipal Officials

Petitioner Applebaum commenced a proceeding to review a determination of the respondent Village of Great Neck Board of Appeals granting an application of the respondent Old Mill II, LLC for variances and site plan approval. The trial court denied the petition and Petitioner appealed.

The appellate court affirmed and held that the board was entitled to rely on letters it obtained from municipal officials in making the zoning determination. “A determination of a zoning board should be sustained upon judicial review if it is not illegal, has a rational basis, and is not arbitrary and capricious” The determination to grant the application had a rational basis and was not arbitrary and capricious. There was no merit to the petitioner’s claim that the Board, in rendering its determination, improperly relied on letters it obtained from the Chief of the Great Neck Alert Fire Company and the Village of Great Neck Building Department without affording her an opportunity to respond, as the letters, which did not contain any new factual allegations, were prepared by municipal officials without a vested interest in the decision.

Applebaum v Village of Great Neck Bd. of Appeals, 2016 WL 1442271 (NYAD 2 Dept. 4/13/2016)


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