Gonzalez v. Zoning Bd. of Appeals, 3 A.D.3d 496 (N.Y. App. Div. 2004). · Go Syfert
Gonzalez v. Zoning Bd. of Appeals, 3 A.D.3d 496 (N.Y. App. Div. 2004). Cases Citing This Book View Copy Cite
30 citation events (30 in the last 25 years) across 4 distinct courts.
Strongest positive: Matter of Kisslev Assets LLC v. Niblack (nysupctkings, 2025-05-09) · Strongest negative: ExteNet Systems, Inc. v. Village of Plandome (nyed, 2021-09-29)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited "but see" ExteNet Systems, Inc. v. Village of Plandome
E.D.N.Y · 2021 · signal: but see · confidence high
In White Plains, the Second Circuit held that “the Board had discretion to rely (as it did) on aesthetic objections raised by neighbors who know the local terrain and the sightlines of their own homes.” Id.; but see Gonzalez v. Zoning Bd. of Appeals of Town of Putnam Valley, 3 A.D.3d 496 , 497–98 (N.Y.
discussed Cited as authority (rule) Matter of Kisslev Assets LLC v. Niblack
N.Y. Sup. Kings · 2025 · confidence medium
"Moreover, ' [i]f the grounds relied upon by the agency are inadequate or improper, a reviewing court is powerless to affirm the administrative action by substituting what it considers to be a more adequate or proper basis'" (id. , quoting Matter of Gonzalez v Zoning Bd. ofAppeals of Town of Putnam Val. , 3 AD3d 496, 498 [2d Dept 2004] [internal quotation marks omitted]; see Matter of Trump-Equitable Fifth Ave.
discussed Cited as authority (rule) Matter of Barry Nathan II LLC v. Niblack
N.Y. Sup. Kings · 2025 · confidence medium
"Moreover, '[i]f the grounds relied upon by the agency are inadequate or improper, a reviewing court is powerless to affirm the administrative action by substituting what it considers to be a more adequate or proper basis'" ( id. , quoting Matter of Gonzalez v Zoning Bd. of Appeals of Town of Putnam Val. , 3 AD3d 496, 498 [2d Dept 2004] [internal quotation marks omitted]; see Matter of Trump-Equitable Fifth Ave.
discussed Cited as authority (rule) Matter of Rodriguez v. Weiss (2×)
N.Y. App. Div. · 2017 · confidence medium
Co. v Gliedman, 57 NY2d 588, 593 [1982]; Matter of Gonzalez v Zoning Bd. of Appeals of Town of Putnam Val., 3 AD3d 496, 498 [2004]; Matter of Mobil Oil Corp. v Village of Mamaroneck Bd. of Appeals, 293 AD2d 679, 681 [2002]; see e.g.
cited Cited as authority (rule) Matter of Quintana v. Board of Zoning Appeals of Inc. Vil. of Muttontown
N.Y. App. Div. · 2014 · confidence medium
Zoning Bd. of Appeals, 46 AD3d 691, 693 [2007]; Matter of Gonzalez v Zoning Bd. of Appeals of Town of Putnam Val., 3 AD3d 496, 497 [2004]).
discussed Cited as authority (rule) Daneri v. Zoning Board of Appeals of Southold
N.Y. App. Div. · 2012 · confidence medium
The record revealed that the community average for side yard setbacks was nonconforming (see Matter of Gonzalez v Zoning Bd. of Appeals of Town of Putnam Val., 3 AD3d 496, 497 [2004]), and that the Zoning Board of Appeals of the Town of Southold (hereinafter the ZBA) had recently approved a substantially similar application (see Matter of Lucas v Board of Appeals of Vil. of Mamaroneck, 57 AD3d 784, 785 [2008]; Matter of Mobil Oil Corp. v Village of Mamaroneck Bd. of Appeals, 293 AD2d 679, 681 [2002]).
discussed Cited as authority (rule) Daneri v. Zoning Board of Appeals of Southold
N.Y. App. Div. · 2012 · confidence medium
The record revealed that the community average for side yard setbacks was nonconforming (see Matter of Gonzalez v Zoning Bd. of Appeals of Town of Putnam Val., 3 AD3d 496, 497 [2004]), and that the Zoning Board of Appeals of the Town of Southold (hereinafter the ZBA) had recently approved a substantially similar application (see Matter of Lucas v Board of Appeals of Vil. of Mamaroneck, 57 AD3d 784, 785 [2008]; Matter of Mobil Oil Corp. v Village of Mamaroneck Bd. of Appeals, 293 AD2d 679, 681 [2002]).
discussed Cited as authority (rule) Filipowski v. Zoning Board of Appeals
N.Y. App. Div. · 2010 · confidence medium
Moreover, “[i]f the grounds relied upon by the agency are inadequate or improper, a reviewing court is powerless to affirm the administrative action by substituting what it considers to be a more adequate or proper basis” (Matter of Gonzalez v Zoning Bd. of Appeals of Town of Putnam Val., 3 AD3d 496, 498 [2004] [internal quotation marks omitted]).
discussed Cited as authority (rule) Caspian Realty, Inc. v. Zoning Board of Appeals
N.Y. App. Div. · 2009 · confidence medium
Props. v Town of Guilderland Zoning Bd. of Appeals, 66 NY2d 893, 895 [1985]; Matter of Grigoraki v Board of Appeals of Town of Hempstead, 52 AD3d at 833; Matter of Gonzalez v Zoning Bd. of Appeals of Town of Putnam Val., 3 AD3d 496, 497-498 [2004]; Matter of Necker Pottick, Fox Run Woods Bldrs.
discussed Cited as authority (rule) Enisman v. Town of Poughkeepsie Zoning Board of Appeals
N.Y. App. Div. · 2008 · confidence medium
The record indicates that the ZBA’s determination to grant the variance has a rational basis and was not arbitrary, capricious or an abuse of discretion (see Matter of Gonzalez v Zoning Bd. of Appeals of Town of Putnam Val., 3 AD3d 496, 497 [2004]; Matter of Easy Home Program v Trotta, 276 AD2d 553 [2000]).
discussed Cited as authority (rule) Schumacher v. Town of East Hampton
N.Y. App. Div. · 2007 · confidence medium
A review of the record reveals that the Zoning Board improperly succumbed to community pressure, since there was no evidence that granting the proposed variances would have an undesirable effect on the character of the neighborhood, adversely impact physical and environmental conditions, or otherwise result in a detriment to the health, safety, and welfare of the neighborhood or community (see Matter of Gonzalez v Zoning Bd. of Appeals of Town of Putnam Val., 3 AD3d 496, 497 [2004]; Matter of Easy Home Program v Trotta, 276 AD2d 553 [2000]; Matter of Riklis v Board of Zoning Appeals of Town of…
discussed Cited as authority (rule) Moore v. Town of Islip Zoning Board of Appeal
N.Y. App. Div. · 2006 · signal: cf. · confidence medium
Contrary to the argument of the Town of Islip Zoning Board of Appeals (hereinafter the Zoning Board), its 1984 denial of a prior owner’s area variance application with respect to the subject parcel did not preclude it from granting the instant application (see Matter of Riina v Baum, 300 AD2d 665, 666 [2002]; Matter of Josato, Inc. v Wright, 288 AD2d 384 [2001]; Matter of Peccoraro v Humenik, 258 AD2d 465 [1999]; cf. Matter of Gonzalez v Zoning Bd. of Appeals of Town of Putnam Val., 3 AD3d 496, 498 [2004]).
discussed Cited as authority (rule) Hunt v. Board of Zoning Appeals of Inc. Village of Malverne
N.Y. App. Div. · 2006 · confidence medium
Accordingly, the Board was not precluded by the doctrine of res judicata from considering the second application (see Matter of Gonzalez v Zoning Bd. of Appeals of Town of Putnam Val., 3 AD3d 496, 498 [2004]; Matter of Riina v Baum, 300 AD2d 665, 666 [2002]; Matter of Peccoraro v Humenik, 258 AD2d 465, 466 [1999]), nor did the application implicate the unanimity requirements for rehearings under Village Law § 7-712-a (12).
discussed Cited as authority (rule) Beyond Builders, Inc. v. Pigott
N.Y. App. Div. · 2005 · confidence medium
Although the petitioner’s requested area variances were, arguably, substantial, there was little, if any, evidence presented that granting the variances would have an undesirable effect on the character of the neighborhood, adversely impact on physical and environmental conditions, or otherwise result in a detriment to the health, safety, and welfare of the neighborhood or community (see Village Law 7-712-b (3) (b); Matter of Gonzalez v Zoning Bd. of Appeals of Town of Putnam Val., 3 AD3d 496, 497 [2004]; Matter of Necker Pottick, Fox Run Woods Bldrs.
discussed Cited "see" New York SMSA Ltd. Partnership v. Village of Floral Park Board of Trustees (2×)
E.D.N.Y · 2011 · signal: see · confidence high
See Gonzalez v. Zoning Bd. of Appeals of Town of Putnam Valley, 3 A.D.3d 496, 497-98 , 771 N.Y.S.2d 142, 144 (2d Dep’t 2004) (holding that “[t]he generalized and unsubstantiated concerns of neighboring owners, upon which the Zoning Board based its determination, that the character of the neighborhood would be detrimental *158 ly changed if the petitioner’s application for variances was granted, were unsupported by any empirical data or expert testimony and were insufficient to counter the evidence presented by the petitioner”).
Retrieving the full opinion text from the archive…
In the Matter of Mercedes Gonzalez
v.
Zoning Board of Appeals of Town of Putnam Valley
Appellate Division of the Supreme Court of the State of New York.
Jan 12, 2004.
3 A.D.3d 496
Cited by 19 opinions  |  Published

[*497] In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Putnam Valley dated March 21, 2002, which, after a hearing, denied the petitioner’s application, inter alia, for area variances, the appeal is from a judgment of the Supreme Court, Putnam County (Hickman, J.), dated January 14, 2003, which granted the petition, annulled the determination, and remitted the matter to the Zoning Board of Appeals of the Town of Putnam Valley for the issuance of the requested variances subject to certain conditions.

Ordered that the judgment is affirmed, without costs or disbursements.

The Supreme Court properly annulled that portion of the determination of the Zoning Board of Appeals of the Town of Putnam Valley (hereinafter the Zoning Board). Although the petitioner’s difficulty arguably was self-created, there was no evidence that the grant of the variances would “have an undesirable effect on the character of the neighborhood, adversely impact on physical and environmental conditions, or otherwise result in a detriment to the health, safety, and welfare of the neighborhood or community” (Matter of Pecoraro v Board of Appeals of Town of Hempstead, 304 AD2d 761, 762 [2003]; see Matter of 450 Sunrise Highway v Town of Oyster Bay, 287 AD2d 714 [2001]; Matter of Easy Home Program v Trotta, 276 AD2d 553 [2000]; Matter of Cassano v Zoning Bd. of Appeals of Inc. Vil. of Bayville, 263 AD2d 506, 507 [1999]). The record reveals the existence of several substandard lots adjacent to, or across the street from, the subject parcel, and other nearby nonconforming garages, similar to that sought to be erected by the petitioner, some of which were granted area variances from the street setback requirements of the relevant zoning ordinance (see Matter of Pecoraro v Board of Appeals of Town of Hempstead, supra; Matter of 450 Sunrise Highway v Town of Oyster Bay, supra; Matter of Easy Home Program v Trotta, supra). The generalized and unsubstantiated concerns of neighboring owners, upon which the Zoning Board based its determination, that[*498] the character of the neighborhood would be detrimentally changed if the petitioner’s application for variances was granted, were unsupported by any empirical data or expert testimony and were insufficient to counter the evidence presented by the petitioner (see Matter of Pecoraro v Board of Appeals of Town of Hempstead, supra; Matter of 450 Sunrise Highway v Town of Oyster Bay, supra; Matter of Necker Pottick, Fox Run Woods Bldrs. Corp. v Duncan, 251 AD2d 333, 335 [1998]). Thus, we agree with the Supreme Court that the denial of the variances was arbitrary and capricious, and not supported by substantial evidence (cf. Matter of Sasso v Osgood, 86 NY2d 374, 384, n 3 [1995]; Matter of Crystal Pond Homes v Prior, 305 AD2d 595, 596 [2003]).

Furthermore, there is no merit to the Zoning Board’s contention that its prior denials of two separate variance applications for the subject parcel bar the instant proceeding. The Zoning Board did not invoke the doctrine of res judicata as a ground for the denial of the petitioner’s application. Judicial review of an administrative determination is limited to the grounds invoked by the agency in making its determination (see Matter of Scherbyn v Wayne-Finger Lakes Bd. of Coop. Educ. Servs., 77 NY2d 753, 758 [1991]; Matter of Aronsky v Board of Educ., Community School Dist. No. 22 of City of N.Y., 75 NY2d 997, 1000 [1990]). If the grounds relied upon by the agency are “ ‘inadequate or improper,’ ” a reviewing court is “ ‘powerless to affirm the administrative action by substituting what it considers to be a more adequate or proper basis’ ” (Matter of Montauk Improvement v Proccacino, 41 NY2d 913 [1977], quoting Securities & Exch. Commn. v Chenery Corp., 332 US 194, 196 [1947]). Thus, the issue of res judicata is not properly before this Court for review. In any event, the prior applications, one of which was actually granted conditionally, were either made by an applicant other than the petitioner or involved factually distinguishable proposals for constructing a garage on the subject parcel. Thus, the doctrine of res judicata is inapplicable to the petitioner’s current application (see Matter of Riina v Baum, 300 AD2d 665, 666 [2002]; Matter of Josato, Inc. v Wright, 288 AD2d 384, 385 [2001]; Matter of Peccoraro v Humenik, 258 AD2d 465, 466 [1999]; Kalpin v Accettella, 160 AD2d 909 [1990]).

Since the petitioner did not appeal from the judgment we do not consider her request that the matter not be remitted to the Zoning Board. Santucci, J.P., Schmidt, Adams and Crane, JJ., concur.