Merlotto v. Town of Patterson Zoning Board of Appeals

Dillon, J. (dissenting and voting to affirm the judgment, with the following memorandum):

“[L]ocal zoning boards have broad discretion in considering applications for area variances,” and courts may set aside a zoning board determination “only where the record reveals that the board acted illegally or arbitrarily, or abused its discretion” (Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d 608, 613 [2004]). A determination of a zoning board should be sustained if it has a rational basis and is not arbitrary and capricious (see Matter of Pasceri v Gabriele, 29 AD3d 805 [2006]).…