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In re Bracke v. Zoning Board of Appeals

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 2003
304 A.D.2d 663 (N.Y. App. Div. 2003)

Opinion

2002-03859

Submitted March 21, 2003.

April 14, 2003.

In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Philipstown dated July 16, 2001, which granted the appeal of Dorothea Lang from the denial of a building permit to raze her existing house and construct a new house having insufficient setbacks above the flood plain, the petitioners appeal from a judgment of the Supreme Court, Putnam County (Hickman, J.), dated March 29, 2002, which denied the petition and dismissed the proceeding.

Schuman Sall Geist, White Plains, N.Y. (Gerald K. Geist of counsel) for appellants.

Charles H. Place, Garrison, N.Y. for respondent Dorothea Lang.

Richard I. Goldsand, Brewster, N.Y., for respondent Zoning Board of Appeals of Town of Philipstown (no brief filed).

Before: FRED T. SANTUCCI, J.P., ROBERT W. SCHMIDT, THOMAS A. ADAMS, BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, with costs to the respondent Dorothea Lang.

In a proceeding pursuant to CPLR article 78 to review a determination of a zoning board of appeals, judicial review is limited to ascertaining whether the action taken is illegal or arbitrary and capricious (see Matter of Sasso v. Osgood, 86 N.Y.2d 374; Matter of Fuhst v. Foley, 45 N.Y.2d 441). The Supreme Court properly concluded that the determination of the Zoning Board of Appeals of the Town of Philipstown was not illegal or arbitrary and capricious. The requested variance is not substantial and will not have an undesirable effect on the character of the neighborhood, and the difficulties were not self-created (see Town Law § 267 b[3] [b]; Matter of Sasso v. Osgood, supra at 384).

The petitioners' remaining contentions are without merit.

SANTUCCI, J.P., SCHMIDT, ADAMS and COZIER, JJ., concur.


Summaries of

In re Bracke v. Zoning Board of Appeals

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 2003
304 A.D.2d 663 (N.Y. App. Div. 2003)
Case details for

In re Bracke v. Zoning Board of Appeals

Case Details

Full title:IN THE MATTER OF HORST BRACKE, ET AL., appellants, v. ZONING BOARD OF…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 14, 2003

Citations

304 A.D.2d 663 (N.Y. App. Div. 2003)
757 N.Y.S.2d 482

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