Firm wins Zoning Victory in Appellate Division

Egan & Golden partners Brian T. Egan and Karen Golden achieved a significant zoning victory in the New York State Supreme Court Appellate Division, Second Department. The Firm was hired to serve as Special Counsel to the Village Attorney for the Village of Poquott, NY to defend the Village's Zoning Board of Appeals in a challenge to a denial of a sideyard variance. The homeowners had sought to build a recreational dock that would extend into the waters of Port Jefferson Harbor from their waterfront property. Their application for a dock permit was denied by the Planning Board because the plans did not meet the minimum side yard setback requirements of the local zoning ordinance. The petitioners then sought to obtain area variances from the Zoning Board of Appeals which, after two public hearings, denied the application. The firm successfully defended the Village in the Supreme Court, and also defeated the challenge in the Appellate Division. The Firm succeeded in defending the denial based in large part on the broad discretion vested in Zoning Boards in considering applications for variances. A copy of the decision is here.