August 11, 2015

In Traendly v. Zoning Bd. of Appeals of Town of Southold, 127 A.D.3d 1218 (2d Dept. 4/29/15), the Court reversed the lower court’s decision and upheld the denial of area variances for a single family dwelling.

On July 29, 2010, the Zoning Board of Appeals of the Town of Southold (“ZBA”) denied the petitioners’ application for area and lot-width variances.  In a CPLR Article 78 proceeding to review the ZBA decision, the Supreme Court, Suffolk County granted the petition, annulled the determination, and directed the ZBA to grant the application.  The ZBA appealed.

On April 29, 2015, the Appellate Division, Second Department reversed the lower court’s decision and denied the petition determining that the Supreme Court should not have disturbed the ZBA’s determination in denying the petitioners’ application for area and lot-width variances.  The Appellate Division held that the ZBA had a rational basis and was supported by evidence in the record.  Granting the variances would have resulted in the most nonconforming lot in a unique neighborhood, the requested variances were substantial and the hardship was self-created.

If you have any questions about zoning or other real estate matters, please do not hesitate to contact an experienced attorney at (914) 338-8050. For more information about our firm please visit www.betenskylaw.com.