Matter of Hunter v Zoning Bd. of Appeals of the Town of Islip

Holding The Appellate Division affirmed the lower court’s dismissal of the petition, finding that the Zoning Board of Appeals’ denial of area variances was not arbitrary or capricious. The court determined that the Board properly applied the required balancing test and that the petitioners failed to demonstrate that the Board reached a different result on essentially the same facts as a prior permit.

The court’s words

The determination of a local zoning board is entitled to great deference, and will be set aside only if it is illegal, arbitrary and capricious, or irrational.

2026 NY Slip Op 05953, at the official text

The record demonstrates that the ZBA engaged in the required balancing test and considered the relevant statutory factors.

2026 NY Slip Op 05953, at the official text

The evidence before the ZBA also supported its conclusions that granting the requested area variances would produce an undesirable change in the character of the neighborhood.

2026 NY Slip Op 05953, at the official text