Major “Setback” for Property Owner: Court Upholds ZBA Decision Denying Setback Variance

In Harris v. Zoning Board of Appeals of the Town of Carmel, 137 A.D.3d 1130 (2nd Dept. 2016), the Appellate Division, Second Department, upheld the decision of the Zoning Board of Appeals denying a setback variance, finding as follows:

“Here, the Zoning Board of Appeals of the Town of Carmel (hereinafter the Board) performed the requisite balancing test (see Town Law § 267–b[3] [b] ), and its conclusion that the detriment to the surrounding neighborhood posed by granting the requested variance outweighed the benefit to the petitioners had a rational basis and was supported by the record.  In particular, the Board rationally found that granting the variances would produce an undesirable change in the character of the neighborhood and that the benefit sought by the petitioner could be achieved by other methods.”

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