Zoning: Devogelaere v. Webster Zoning Board of Appeals

Appellate Division, Fourth Department

Zoning

Interpretive Deference

Devogelaere v. Webster Zoning Board of Appeals
CA 11-00506
Appealed from Supreme Court, Monroe County

Background: The petitioner’s property was located in a large lot, single-family residential district. Starting in 2007, she began renting the property for periods ranging from one night to approximately three months. In 2010, the town of Webster amended its zoning ordinance to prohibit transient rental, which consisted of renting property for 28 days or less. The petitioner’s property was determined to be not permitted. Her appeal to the zoning board was denied and she initiated an Article 78 proceeding. Her petition was dismissed.

Ruling: The Appellate Division held that the court had properly dismissed the petition. The court held that a zoning board’s interpretation of its zoning ordinance was entitled to great deference. The court found that the respondent town reasonably determined that the petitioner’s serial rental of the property was prohibited and did not constitute a legal nonconforming pre-existing use.

Richard F. Anderson of the Anderson Law Firm PC for the petitioner-appellant; Charles J. Grenese, Webster Town Attorney, for the respondent