June 6, 2016

In Soldatenko v. Village of Scarsdale Zoning Board of Appeals, decided April 20, 2016, the Second Department, Appellate Division, reversed the Supreme Court and upheld the Zoning Board of Appeals’ determination that the owners could not develop their pre-existing nonconforming lot as of right.  The Court stated, “Contrary to the determination of the Supreme Court, the Village Board’s interpretation of Village Law § 7-736 was not unreasonable.   Although an applicant can seek a variance from the statute’s requirements (see Village Law § 7-736[3]), the issue before the Village Board was whether the plaintiffs were entitled to develop the property as of right. The Village Board properly concluded that they could not because the lot failed to meet the access requirements of Village Law §7-736.    Consequently, the court should have confirmed the Village Board’s determination.”

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