Posted by: Patricia Salkin | June 20, 2017

NY Appellate Court Affirms Denial of Area Variances

The Board of Zoning Appeals of the Town of Brookhaven denied petitioner’s application for area variances. The decision was upheld by the lower court and this appeal ensued.

The court first noted that in determining whether to grant an application for an area variance, a zoning board is required to engage in a balancing test, weighing the benefit to the applicant against the detriment to the health, safety, and welfare of the neighborhood or community if the variance is granted. Here, the court found the Board of Zoning Appeals of the Town of Brookhaven performed the requisite balancing test, and its conclusion that the detriment to the surrounding neighborhood posed by granting the requested variances outweighed the benefit to the petitioner had a rational basis and was supported by the record. Specifically, the BZA concluded that the requested variances were substantial in nature, that the petitioner had feasible alternatives that did not require such variances, and that the granting of the variances could set a negative precedent within the neighborhood. Accordingly, the Supreme Court properly denied the petition and dismissed the proceeding.

Nataro v DeChance, 2017 WL 1484422 (NYAD 2 Dept. 4/26/017)

 


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