Sirianno v. Town of Poland Zoning Board of Appeals
Opinion of the Court
Appeal from a judgment (denominated order and judgment) of the Supreme Court, Chautauqua County (Joseph Gerace, J), entered December 31, 2003 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Contrary to petitioners’ contention, the ZBA’s determination that it “would be impractical” to apply Local Law No. 3 (2001) of Town of Poland to respondent’s application for an area variance “was not unreasonable, irrational or inconsistent” (Matter of Holden’s Haulers v Madison County Dept. of Solid Waste & Sanitation, 9 AD3d 593, 594 [2004]; see generally Matter of Howard v Wyman, 28 NY2d 434, 437-438 [1971], rearg denied 29 NY2d 749 [1971]). We reject petitioners’ further contention that, because respondent admits that it did not investigate the use of other specific sites for the relocation of the tower, the court erred in determining that the findings of the ZBA were based upon substantial evidence. The ZBA found, inter alia, that in order to provide adequate cellular service and comply with the requirements of Town of Poland Code § 810 (5), the construction of more than one tower would be necessary; that the removal of the tower and the construction of new towers would be “excessively expensive”; and that, because of the extent of the cellular telephone service that could be provided to area roads and Interstate Route 86 from the existing location, “the [e]xisting [t]ower in its present location is the best alternative available.” We therefore conclude that the “ZBA’s determination to issue an area variance . . . has a rational basis and is supported by substantial evidence” (Matter of Lloyd v Town of Greece Zoning Bd. of Appeals [appeal No. 1], 292 AD2d 818, 819 [2002], lv dismissed in part and denied in part 98 NY2d 691 [2002], rearg denied 98 NY2d 765 [2002]). We have reviewed
Case-law data current through December 31, 2025. Source: CourtListener bulk data.