AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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
Attorney(S)
Judges

IN THE MATTER OF SCOTT S. MILLER, ET AL., RESPONDENTS, v. ZONING BOARD OF APPEALS OF THE TOWN OF EAST HAMPTON, APPELLANT.

DECISION ORDER

ORDERED that the judgment is modified, on the law, by deleting the second decretal paragraph thereof directing the issuance of the requested variances; as so modified, the judgment is affirmed, without costs and disbursements, and the matter is remitted to the Zoning Board of Appeals of the Town of East Hampton for further proceedings in accordance herewith.

It is well settled that local zoning boards have broad discretion in considering variance applications and that judicial review is limited to ascertaining whether the action taken by the board is illegal, arbitrary, or an abuse of discretion (see, Matter of Fuhst v. Foley, 45 N.Y.2d 441, 444-445; Matter of Perla v. Heller, 251 A.D.2d 419; Matter of Rosof v. Bailin, 237 A.D.2d 612). A zoning board's determination "must be sustained if it has a rational basis and is supported by substantial evidence" (Matter of Toys "R" Us v. Silva, 89 N.Y.2d 411, 419).

In this case, however, the determination of the Zoning Board of Appeals of the Town of East Hampton (hereinafter the ZBA) does not reflect that it considered the five statutory factors set forth in Town Law § 267-b(3)(b). Accordingly, the matter is remitted to the ZBA for a new determination on the petitioners' applications (see, Matter of Sasso v. Osgood, 86 N.Y.2d 374, 384; Matter of Lynch v. Trotta, 264 A.D.2d 484).

Use AI to get other relevant cases.

Comments

IN RE MILLER v. ZONING BOARD OF APPEALS
(Oct 16, 2000)