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MATTER OF HARRIS v. ZONING BD. OF APPEALS OF TOWN OF CARMEL

2014-05350, Index No. 1055/13.

137 A.D.3d 1130 (2016)

27 N.Y.S.3d 660

2016 NY Slip Op 02085

In the Matter of DANIEL HARRIS et al., Appellants, v. ZONING BOARD OF APPEALS OF TOWN OF CARMEL, Respondent.

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

Decided March 23, 2016.

Ordered that the judgment is affirmed, with costs.

"`Local zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining whether the action taken by the board was illegal, arbitrary [and capricious], or an abuse of discretion'" (Matter of Daneri v Zoning Bd. of Appeals of the Town of Southold, 98 A.D.3d 508, 509 [2012], quoting Matter of Matejko v Board of...

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