In upholding the denial of area variances in connection with a proposed subdivision, the appellate court stated that contrary to the petitioner’s contentions, the zoning board of appeals may consider evidence presented that shows that all residences within a 200-foot radius immediately surrounding the subject property were in conformity with the area requirements for that district.  Further, the Court said that the zoning board could also consider evidence showing that the subdivision would reduce open space and create overcrowding, and that the hardship alleged was self-created.  

                                 

Grigoraki v. Board of Appeals of the Town of Hempstead, 2008 WL 2521925 (N.Y.A.D. 2 Dept. 6/24/2008).

 

The opinion can be accessed at: http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2008/D19808.pdf