AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

IN THE MATTER OF CIVIC ASSOCIATION OF THE SETAUKETS, ET AL., petitioners-respondents, v. FRANK TROTTA, ETC., ET AL., respondents-respondents, MARILYN ZUCKER, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

In determining whether to grant an area variance, a zoning board must "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" ( Matter of Ifrah v. Utschig, 98 N.Y.2d 304, 307, citing Matter of Sasso v. Osgood, 86 N.Y.2d 374, 384). "[A] decision of an administrative agency which neither adheres to its own prior precedent nor indicates its reason for reaching a different result on essentially the same facts is arbitrary and capricious" ( Matter of Field Delivery Serv., 66 N.Y.2d 516, 516-517; Matter of Mobil Oil Corp. v. Village of Mamaroneck Bd. of Appeals, 293 A.D.2d 679; Matter of Frisenda v. Zoning Board of Appeals of Town of Islip, 215 A.D.2d 479; Matter of Lafayette Stor. Moving Corp., 77 N.Y.2d 823).

The Board of Zoning Appeals of the Town of Brookhaven (hereinafter the Board) granted an application made by the appellant in 2002 for a zoning variance that allowed the property at issue to be reconfigured and used in essentially the same way that had been proposed in a 2001 application that the Board had denied. Contrary to the appellant's contention, there was no rational basis for reaching a different result on essentially the same facts.

RITTER, J.P., ALTMAN, MASTRO and SKELOS, JJ., concur.

Use AI to get other relevant cases.

Comments

IN THE MATTER OF CIVIC ASSN. OF THE SETAUKETS
(Jun 14, 2004)