Bright Horizon House, Inc. v. Zoning Board of Appeals

*704OPINION OF THE COURT

David O. Boehm, J.

In this CPLR article 78 proceeding petitioner, Bright Horizon House, Incorporated, challenges the determination of the respondent, Zoning Board of Appeals of the Town of Henrietta (Board), that the use proposed by petitioner is not a permitted use under the applicable zoning ordinance and in further denying petitioner’s application for a use variance.

Petitioner is a not-for-profit corporation organized for the purpose of establishing and maintaining a Christian Science accredited care facility in the Rochester area. In furtherance of this objective, the…