When the Town of Brookhaven’s Zoning Board of Appeals denied John H.’s variance application (to allow an accessory apartment), the guy filed an Article 78 proceeding with the Suffolk County Supreme Court. And when that court sided with the Town, John appealed.
Because the denial was predicated on evidence that the variance would have had an adverse impact on the “character of the neighborhood,” and was “detrimental to nearby properties,” the Appellate Division, Second Department, affirmed the outcome--particularly given the “feasible alternative” to reduce the size of the proposed apartment.
Size does matter, folks.
To view a copy of the Appellate Division’s decision, please use this link: Matter of John H., LLC, v. Paul D.