DeVogelaere v. Webster Zoning Board of Appeals

Memorandum:

Petitioner owns property in the Town of Webster (Town) located in a large lot single family residential district. Beginning in 2007, she rented the property for periods ranging from one night to approximately three months. In 2010 the Town amended its zoning ordinance to prohibit transient rental, i.e, “Mental of a dwelling unit for a period of less than 28 continuous days” (Code of the Town of Webster § 225-3; see § 225-80 [B]). Petitioner commenced this CPLR article 78 proceeding seeking, inter alia, to annul the determination denying her “application to appeal” from the…