Article 78 appeal to review denial of variance granted
Matter of Bassano v Town of Carmel Zoning Board of Appeals
An Article 78 appeal was brought about by petitioner to review a determination by the Town of Carmel Zoning Board of Appeals denying petitioner’s application for an area variance. The Supreme Court granted the petition, annulling the determination and directing the variance and all necessary permits be granted for petitioner to construct a single-family dwelling on the premises. The Town then appealed the decision of the Supreme Court.
The original decision not to grant the variance sought by petitioner had no rational basis. The variance would not negatively alter the character of the neighborhood and the benefit sought was unachievable by any other means. Since there was no foreseeable adverse effect on the neighborhood, the Board’s decision to deny petitioner’s application was arbitrary and capricious and without a rational basis.
Accordingly, the Court granted the petition, annulled the determination by the Board of Appeals, and directed that the variance and all necessary permits to construct a single-family dwelling on the premises be granted.
Matter of Bassano v Town of Carmel Zoning Bd. of Appeals (2008 NY Slip Op 09074)
