Matter of Harn Food, LLC v. DeChance

Summary

The New York Appellate Division, Second Department, affirmed the dismissal of an Article 78 proceeding challenging the denial of area variances by the Town of Brookhaven Zoning Board of Appeals. The court held that the tax lots had merged, that the requested variances were substantial and inconsistent with the surrounding development pattern, and that the zoning board rationally determined that construction of one house provided a feasible alternative use.

Holdings

1. The Zoning Board rationally determined that the two tax lots had merged and were no longer single and separate because they had been held in common ownership since 1948 and the Town Code did not treat such adjoining lots as single and separate.
2. The denial of the requested area variances was rational and supported by substantial evidence because the proposed development substantially deviated from the surrounding development pattern and zoning requirements, and the petitioner had a feasible alternative use consisting of construction of one house.

Questions Presented

1. Whether the two adjoining tax lots were legally merged rather than single and separate lots under the Town Code.
2. Whether the Zoning Board of Appeals had a rational basis and substantial evidence for denying the requested area variances.
3. Whether the Board properly applied the statutory balancing factors for area variances, including the availability of a feasible alternative use and the detriment to neighborhood health, safety, and welfare.

Disposition

affirmed