Posted by: Patricia Salkin | July 26, 2017

NY Appellate Court Finds Requested Area Variances would cause an Undesirable Change in the Character of the Neighborhood

Petitioners commenced an Article 78 proceeding contending that the determination of the Town of Oyster Bay Zoning Board of Appeals to deny their applications for area variances lacked a rational basis, and was arbitrary and capricious. The Supreme Court denied the petition and dismissed the proceeding, holding that the ZBA had balanced and weighed the statutory factors enumerated in Town Law § 267–b(3)(b), and that its determination to deny the requested variances had a rational basis and was not arbitrary or capricious.

On appeal, the court found that the record indicated that the ZBA’s conclusion that the detriment to the surrounding neighborhood posed by granting the requested variances outweighed the benefit to the petitioners had a rational basis and was not arbitrary or capricious. Furthermore, it found the ZBA rationally concluded that the requested variances were substantial in nature, that the petitioners had feasible alternatives which did not require variances, and that the requested variances would cause an undesirable change in the character of the neighborhood. As such, the court held that the Supreme Court properly denied the petition and dismissed the proceeding.

Conway v. Van Loan, 2017 WL 3160900 (NYAD 2 Dept. 7/26/2017)


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