Posted by: Patricia Salkin | November 30, 2016

NY Appellate Court Upholds Zoning Board’s Interpretation of its Zoning Ordinance Noting Board’s Decision is Entitled to Deference

Following a determination of the zoning board of appeals that the Village Planning Board had authority to review the petitioner’s application for a building permit, the petitioner appealed to the trial court which upheld the determination.  The appellate court affirmed noting, “Pursuant to the plain language of the Code of the Village of Tarrytown § 305–67, the Village of Tarrytown Planning Board had the authority to review the petitioner’s application for a building permit, which sought to construct a retaining wall, given that the proposed construction involved the disturbance of “steep slopes” on the subject property. Contrary to the petitioner’s contention, the ZBA either reasonably determined that the circumstances of the prior applications for building permits were distinguishable from those of the instant application, or otherwise provided a valid and rational explanation for its departure from its prior precedent.”  Reiterating that the ZBA’s determination is entitled to deference, the appellate Court found that the lower court properly upheld the ZBAs determination.

Bartolacci v Village of Tarrytown Zoning Board of Appeals, 2016 WL 6773977 (NYAD 2 Dept. 11/16/2016)


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