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IN THE MATTER OF BASSANO v. TOWN OF CARMEL ZONING BD. of Appeals

56 A.D.3d 665 (2008)

In the Matter of JOHN BASSANO et al., Respondents, v. TOWN OF CARMEL ZONING BOARD OF APPEALS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 18, 2008.

Ordered that the judgment is affirmed, with costs.

While local zoning boards have broad discretion in considering variance applications, a determination cannot be sustained if it lacks a rational basis and is arbitrary and capricious (see Matter of Fuhst v Foley, 45 N.Y.2d 441, 444 [1978]). The decision of "an administrative agency which neither adheres to its own prior precedent nor indicates its reason for reaching a different...

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