Legal Question in Real Estate Law in New York

Zonnning Board of Appeals denial of a Variance

I have asked the zoning board for a variance of 2'from my 6' fence. I was denied.Only 4' for front and side yard is allowed by local code. (I didn't know I needed a building permit and that there was a town code when I moved here.) Others in my neighborhood have 6'fences and some have variances. What I'd like to know is, should I get a attorney and fight this? I even went around and had my neighbors sign a pettion stating they had no objection to my fence, nor did they find it unattractive. I really feel that some members of the board were being spiteful. I don't want to cut my fence as it encloses my property so my dogs can safely run around and also provides security for the family. How can I fight this?


Asked on 1/31/06, 7:24 pm

1 Answer from Attorneys
Peter Moulinos Moulinos & Associates LLC

Re: Zonnning Board of Appeals denial of a Variance

You may be able to ask for a review of the proceeding and decision if it was arbitrary as you state. I would of course need to see the decision and review the related facts to give you a more definite answer.

Feel free to contact me should you wish to discuss this further.

Kind regards,

Peter Moulinos

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Answered on 1/31/06, 8:00 pm


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