Matter of Kennedy v Zoning Board of Appeals of Village of Patchogue

Petitioner brought about this Article 78 to review the judgment of the Supreme Court denying petition to review a determination of the Zoning Board of Appeals of the Village of Patchogue (ZBA).

Respondent, Chris Peppard, was granted a frontage variance by the ZBA to construct a single-family dwelling. The variance required him to have “substantially commenced” the construction within one year after the variance was granted. Petitioner, Peppard’s neighbor, requested the ZBA to stay further issuance of permit renewal because the previously granted variance expired. The ZBA determined that Peppard had in fact complied with the zoning code provision because he obtained a building permit within one year after the variance was granted.

Petitioner then commenced an Article 78 proceeding to review the ZBA’s decision which the Supreme Court denied. Petitioner then appealed the Court’s ruling in this proceeding. The Court recognizes that a zoning ordinance allows for interpretation of its requirements by a board of appeals and that unless unreasonable or irrational, the ZBA has authority to interpret requirements as they see fit.

Accordingly, the Court affirmed the judgment, with costs.

Matter of Kennedy v Zoning Bd. of Appeals of Vil. of Patchogue (2008 NY Slip Op 09601)