Geampa v. Walck

—Order unanimously reversed on the law without costs and petition dismissed. Memorandum: Supreme Court erred in granting the petition to set aside the Zoning Board of Appeals’ denial of petitioners’ application for a use variance to allow a dog kennel at petitioners’ residence. The determination of the Zoning Board of Appeals is entitled to great deference and must be sustained if it has a rational basis and is supported by substantial evidence (Matter of Cohen v Hahn, 155 AD2d 969, 970). To obtain a use variance, a petitioner "must demonstrate factually, by dollars and cents proof, an…