Zoning Board Bound by Precedent Unless It States a Reason for a Different Result

The Appellate Division Second Department reversed the denial of an area variance where the Zoning Board previously granted a similar variance and gave no reason for a contrary result. In Matter of Aliperti v Trotta, the Zoning Board of Appeals of the Town of Brookhaven denied an area variance for the size of a home after it had previously granted the same variance for the adjoining parcel several years earlier.

The Court found that the Board “articulated no rational basis for reaching a different result on essentially the same facts”. It therefore reversed the determination of the Zoning Board denying the area variance.