Opinion
November 19, 1993
Appeal from the Supreme Court, Erie County, Gorski, J.
Present — Callahan, J.P., Pine, Lawton, Doerr and Davis, JJ.
Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted the petition and annulled the determination of respondent Town of Amherst Zoning Board of Appeals (ZBA) that denied petitioner's application for a building permit to construct a detached garage on his property. Under the circumstances of this case, respondent ZBA's interpretation of the zoning ordinance, while entitled to deference, was arbitrary, unreasonable and irrational (see, Matter of Frishman v Schmidt, 61 N.Y.2d 823, 825; Matter of Traveler Real Estate v Cain, 160 A.D.2d 1214, 1215; Gillen v Zoning Bd. of Appeals, 144 A.D.2d 433, 435, lv denied 73 N.Y.2d 709; Matter of Frampton v Zoning Bd. of Appeals, 114 A.D.2d 670). We agree with Supreme Court that petitioner's detached garage is a permitted accessory structure under the zoning ordinance.