At page 949 Limiting judicial review of zoning board decisions28 citing cases“thus, the determination of a zoning board should be sustained upon judicial review if it is not illegal, has a rational basis, and is not arbitrary and capricious”
- Matter of Zapson v. Zoning Bd. of Appeals of the City of Long Beach, 193 A.D.3d 948 (N.Y. App. Div. 2d Dep't 2021).publishedIn this context, "courts consider substantial evidence only to determine whether the record contains sufficient evidence to support the rationality of the Board's determination" ( Matter of Matejko v Board of Zoning Appeals of Town of Broo…
- Matter of Conway v. Van Loan, 152 A.D.3d 768 (N.Y. App. Div. 2d Dep't 2017).publishedThe petitioners appeal. “ ‘Local zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining whether the action taken by the board was illegal, arbitrary, or an abuse of disc…
- Matter of Beekman Delamater Props., LLC v. Vill. of Rhinebeck Zoning Bd. of Appeals, 150 A.D.3d 1099 (N.Y. App. Div. 2d Dep't 2017).published“Local zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining whether the action taken by the board was illegal, arbitrary, or an abuse of discretion” (Matter of Matejko…
- Matter of Nataro v. DeChance, 149 A.D.3d 1081 (N.Y. App. Div. 2d Dep't 2017).publishedLocal zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining whether the action taken by the board was illegal, *1082 arbitrary, or an abuse of discretion (see Matter of…
- Matter of Mecox Bay Civic Assn., Inc. v. Town of Southampton Zoning Bd. of Appeals, 145 A.D.3d 725 (N.Y. App. Div. 2d Dep't 2016).publishedIn a proceeding pursuant to CPLR article 78 to review a determination of a zoning board of appeals, judicial review is limited to ascertaining whether the action taken is illegal, arbitrary and capricious, or an abuse of discretion (see Ma…
- Matter of Monte Carlo 1, LLC v. Weiss, 142 A.D.3d 1173 (N.Y. App. Div. 2d Dep't 2016).publishedIn a judgment entered March 2, 2015, the Supreme Court granted those branches of the petition which were to annul so much of the ZBA’s determination as denied the petitioner’s applications to renew the use and area variances previously gra…
- Matter of Applebaum v. Vill. of Great Neck Bd. of Appeals, 138 A.D.3d 830 (N.Y. App. Div. 2d Dep't 2016).published“Local zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining whether the action taken by the board was illegal, arbitrary, or an abuse of discretion” (Matter of Matejko…
- Matter of Harris v. Zoning Bd. of Appeals of Town of Carmel, 137 A.D.3d 1130 (N.Y. App. Div. 2d Dep't 2016).publishedOrdered that the judgment is affirmed, with costs. “ ‘Local zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining whether the action taken by the board was illegal, arb…
- Matter of Kramer v. Zoning Bd. of Appeals of Town of Southampton, 131 A.D.3d 1170 (N.Y. App. Div. 2d Dep't 2015).publishedThe Supreme Court determined that the ZBA’s determination lacked a rational basis and was arbitrary and capricious, granted the petition, and remitted the matter to the ZBA to grant the requested variances. “ ‘Local zoning boards have broa…
- Matter of Towers v. Weiss, 131 A.D.3d 621 (N.Y. App. Div. 2d Dep't 2015).published The Supreme Court should have disposed of this proceeding *622 on the merits instead of transferring it to this Court pursuant to CPLR 7804 (g) (see Matter of Matejko v Board of Zoning Appeals of Town of Brookhaven, 77 AD3d 949, 949 [2010]…
Show 12 more citing cases
- Borrok v. Town of Southampton, 130 A.D.3d 1024 (N.Y. App. Div. 2d Dep't 2015).published The Supreme Court denied the petition and dismissed the proceeding. “ ‘Local zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining whether the action taken by the board…
- Matter of Goodman v. City of Long Beach, 128 A.D.3d 1064 (N.Y. App. Div. 2d Dep't 2015).publishedThe Supreme Court denied the petition and dismissed the proceeding. “ ‘Local zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining whether the action taken by the board…
- Matter of Traendly v. Zoning Bd. of Appeals of Town of Southold, 127 A.D.3d 1218 (N.Y. App. Div. 2d Dep't 2015).publishedOrdered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed on the merits. “ ‘Local zoning boards have broad discretion in considering applications for variances, and judicial revi…
- Matter of Sacher v. Vill. of Old Brookville, 124 A.D.3d 902 (N.Y. App. Div. 2d Dep't 2015).published“Local zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining whether the action taken by the board was illegal, arbitrary, or an abuse of discretion” (Matter of Matejko…
- Matter of Quintana v. Bd. of Zoning Appeals of Inc. Vil. of Muttontown, 120 A.D.3d 1248 (N.Y. App. Div. 2d Dep't 2014).published“Local zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining whether the action taken by the board was illegal, arbitrary, or an abuse of discretion” (Matter of Matejko…
- Chynn v. DeChance, 110 A.D.3d 993 (N.Y. App. Div. 2d Dep't 2013).published “Local zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining whether the action taken by the board was illegal, arbitrary, or an abuse of discretion” (Matter of Matejko…
- Blandeburgo v. Zoning Bd. of Appeals, 110 A.D.3d 876 (N.Y. App. Div. 2d Dep't 2013).published We reverse. “ ‘Local zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining whether the action taken by the board was illegal, arbitrary, or an abuse of discretion’ ” (M…
- Pinnetti v. Zoning Bd. of Appeals of Mount Kisco, 101 A.D.3d 1124 (N.Y. App. Div. 2012).published The Supreme Court denied the petition and dismissed the proceeding. “ ‘Local zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining whether the action taken by the board…
- Daneri v. Zoning Bd. of Appeals of Southold, 98 A.D.3d 508 (N.Y. App. Div. 2d Dep't 2012).published “Local zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining whether the action taken by the board was illegal, arbitrary, or an abuse of discretion” (Matter of Matejko…
- Levine v. Vill. of Island Park Bd. of Zoning Appeals, 95 A.D.3d 1125 (N.Y. App. Div. 2d Dep't 2012).publishedAdditionally, the Supreme Court correctly concluded that the BZA’s determination granting the application for area variances was not illegal, had a rational basis, and was not arbitrary and capricious (see Village Law § 7-712-b [3] [b]; Ma…
- Campbell v. Town of Mount Pleasant Zoning Bd. of Appeals, 84 A.D.3d 1230 (N.Y. App. Div. 2d Dep't 2011).published “Local zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining whether the action taken by the board was illegal, arbitrary, or an abuse of discretion” (Matter of Matejko…
- Barros v. Town of Ossining Zoning Bd. of Appeals, 105 A.D.3d 951 (N.Y. App. Div. 2d Dep't 2013).published “Local zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining whether the action taken by the board was illegal, arbitrary or an abuse of discretion” (.Matter of Ifrah v…
At page 950 to the health, safety, and welfare of the neighborhood or community if the variance is granted (see Town Law § 267-b [3] [b]; Matter of Pecoraro v Board of…2 citing cases
- Matter of Fortunato v. Town of Hempstead Bd. of Appeals, 134 A.D.3d 825 (N.Y. App. Div. 2d Dep't 2015).publishedAs to the remaining allegedly similar applications, the petitioners failed to show that they constituted precedent from which the Board was required to explain a departure (see Matter of Davydov v Mammina, 97 AD3d 678, 679-680 [2012]; Matt…
- Smelyansky v. Zoning Bd. of Appeals, 83 A.D.3d 1267 (N.Y. App. Div. 3d Dep't 2011).publishedLocal zoning boards have broad discretion when considering applications for area variances and courts will uphold a zoning board’s determination unless its actions were illegal, arbitrary or an abuse of discretion (see Matter of Pecoraro v…
Other citing cases
- Matter of Carella v. Zoning Bd. of Appeals of the Town of Ramapo, 235 A.D.3d 974 (N.Y. App. Div. 2d Dep't 2025).published
- Valentine v. McLaughlin, 87 A.D.3d 1155 (N.Y. App. Div. 2d Dep't 2011).published
v.
Board of Zoning Appeals of Town of Brookhaven
In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning Appeals of the Town of Brookhaven dated July 16, 2008, which, after a hearing, denied the petitioner’s application for area variances, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Farneti, J.), dated December 30, 2009, which denied the petition and dismissed the proceeding.
Ordered that the judgment is affirmed, with costs.
Local zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining whether the action taken by the board was illegal, arbitrary, or an abuse of discretion (see Matter of Ifrah v Utschig, 98 NY2d 304, 308 [2002]; Matter of Halperin v City of New Rochelle, 24 AD3d 768, 771 [2005]). Thus, the determination of a zoning board should be sustained upon judicial review if it is not illegal, has a rational basis, and is not arbitrary and capricious (see Matter of Sasso v Osgood, 86 NY2d 374, 384 [1995]; Matter of Monroe Beach, Inc. v Zoning Bd. of Appeals of City of Long Beach, N.Y., 71 AD3d 1150 [2010]). Contrary to the contention of the Board of Zoning Appeals of the Town of Brookhaven (hereinafter the BZA), the “substantial evidence” standard of review is inapplicable to a zoning board’s determination of an application for an area variance, since such a determination is not made after a hearing at which evidence is taken pursuant to direction of law (see CPLR 7803 [4]). Rather, “[w]hen reviewing the determinations of a Zoning Board, courts consider ‘substantial evidence’ only to determine whether the record contains sufficient evidence to support the rationality of the Board’s determination” (Matter of Sasso v Osgood, 86 NY2d at 384 n 2; see Matter of Halperin v City of New Rochelle, 24 AD3d at 769770).
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[*950] to the health, safety, and welfare of the neighborhood or community if the variance is granted (see Town Law § 267-b [3] [b]; Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d 608, 612 [2004]). In making that determination, the zoning board must consider whether: (1) an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; (2) the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance; (3) the requested area variance is substantial; (4) the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) the alleged difficulty was self-created (see Town Law § 267-b [3] [b]).
Here, the BZA engaged in the required balancing test and considered the relevant statutory factors, and its denial of the petitioner’s application for area variances had a rational basis, and was not illegal or arbitrary and capricious. The BZA’s findings that the requested variances were substantial, would result in a detriment to nearby properties, would have an adverse effect on the physical and environmental conditions in the surrounding neighborhood, and that the benefit sought by the petitioner could be achieved by an alternative feasible method other than the requested variances, were supported by hearing testimony and documentary evidence (see Matter of Monroe Beach, Inc. v Zoning Bd. of Appeals of City of Long Beach, N.Y., 71 AD3d at 1151; Matter of DiPaolo v Zoning Bd. of Appeals of Town/Vil. of Harrison, 62 AD3d 792, 793 [2009]). Moreover, the BZA’s finding that the alleged difficulty was self-created had a rational basis, as the applicable zoning regulations were in effect when the petitioner purchased the property (see Matter of Rivero v Voelker, 38 AD3d 784, 786 [2007]; Matter of Strohli v Zoning Bd. of Appeals of Vil. of Montebello, 271 AD2d 612, 613 [2000]).
“[T]he fact that one property owner is denied a variance while others similarly situated are granted such variances, does not, in and of itself, indicate that the difference in result is due to impermissible discrimination or to arbitrariness” (Matter of Spandorf v Board of Appeals of Vil. of E. Hills, 167 AD2d 546, 547 [1990]; see Matter of Arata v Morelli, 40 AD3d 991, 993 [2007]). Here, the petitioner’s contention that the BZA granted an application for the subdivision of nearby property into “flag lots” in 1999 was insufficient to establish that the BZA’s denial of his application was arbitrary and capricious, since the petitioner failed to demonstrate that the BZA “reach[ed] a dif[*951] ferent result on essentially the same facts” (Matter of Arata v Morelli, 40 AD3d at 993 [internal quotation marks omitted]; see Matter of Gallo v Rosell, 52 AD3d 514, 516 [2008]).
Accordingly, the Supreme Court properly denied the petition and dismissed the proceeding. Covello, J.P., Santucci, Balkin and Austin, JJ., concur.