Development

In neighbors' article 78 proceeding, neighbors appealed from Supreme Court's judgment upholding the town board's determination that a deck addition did not violate the town's setback requirements, and landowner appealed from Supreme Court's judgment granting the petition to invalidate the board's determination that a bunkhouse did not violate a prohibition on a second dwelling. The Appellate Division modified to reinstate the board's determination in its entirety, holding that neither of the board's determinations was irrational.

Landowner sought to convert the roof of a covered porch to a second-story deck, and sought to make improvements to a bunkhouse on the property. The town board concluded that the deck did not violate the code's 20-foot setback requirement because it did not alter the house's footprint, and merely replaced the roof of the porch, which already encroached on the 20-foot setback. The board also concluded that the bunkhouse did not violate the code's provision on more than one dwelling on the parcel because the bunkhouse was not a dwelling. Neighbors brought this proceeding challenging those determinations. Supreme Court upheld the setback determination, but concluded that the bunkhouse did constitute an impermissible second dwelling. Both parties appealed.