Posted by: Patricia Salkin | May 21, 2017

NY Appellate Court Upholds Determination Granting Area Variances to Yeshiva

Divrei Chaim, a yeshiva, sought several area variances to construct and operate a religious school on its property in Monsey. The Zoning Board of Appeals of the Town of Ramapo granted the application for the area variances after hearing testimony for and against the requested variances. Two individuals who lived in the vicinity of the proposed religious school commenced this proceeding pursuant to CPLR article 78, seeking to annul the ZBA’s determination. The Supreme Court, Rockland County, denied the amended petition to annul the ZBA’s determination.

The court first noted that a zoning board is “not required to justify its determination with supporting evidence with respect to each of the five factors, so long as its ultimate determination balancing the relevant considerations is rational” Here, the court found contrary to the petitioners’ contention, the ZBA engaged in the required balancing test and considered the five relevant statutory factors in granting the application for area variances. As such, the record indicated that the ZBA’s determination had a rational basis and was not arbitrary or capricious. Accordingly, the judgment of the Supreme Court, Rockland County, was affirmed.

Cohen v Town of Ramapo Building, Planning and Zoning Department, 2017 WL 2126182 (NYAD 2 Dept. 5/17/2017)

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