Townsend v. Zoning Board of Appeals of City of Rye

In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the City of Rye, *852dated December 11, 2008, which, after a hearing, denied the petitioners’ application for a variance to permit the legalization of a six-foot-high fence to the extent the fence bordered on Boston Post Road, the petitioners appeal from a judgment of the Supreme Court, Westchester County (Cacace, J.), entered July 13, 2009, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The petitioners are the owners of certain premises…