Legal Opinion
Matter of Harris v. Zoning Bd. of Appeals of Town of Carmel
Appellate Division of the Supreme Court of the State of New York
Decided March 23, 2016No. 2014-05350PublishedCited by 4 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Carmel dated May 16, 2013, denying, after a hearing, the petitioners’ application for a setback variance, the petitioners appeal from a judgment of the Supreme Court, Putnam County (Nicolai, J.), dated March 31, 2014, which denied the petition and dismissed the proceeding.
Ordered that the judgment is affirmed, with costs.
“ ‘Local zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining whether the action taken…
2Cases cited13 opinions
- Pecoraro v. Board of AppealsNew York Court of Appeals · 2004
- In re Charles A. Field Delivery Service, Inc.New York Court of Appeals · 1985
- Warder v. Board of RegentsNew York Court of Appeals · 1981
- Matejko v. Board of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 2010
- Conversions for Real Estate, LLC v. Zoning Board of Appeals of Inc.Appellate Division of the Supreme Court of the State of New York · 2006
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3Cited by4 opinions
- Matter of Zapson v. Zoning Bd. of Appeals of the City of Long BeachAppellate Division of the Supreme Court of the State of New York · 2021
- Matter of Stelling v. GaudiosoAppellate Division of the Supreme Court of the State of New York · 2022
- Matter of Moser v. RamkissoonAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Route 17K Real Estate, LLC v. Zoning Bd. of Appeals of the Town of NewburghAppellate Division of the Supreme Court of the State of New York · 2019