Posted by: Patricia Salkin | August 15, 2015

NY Appellate Court Affirms Decision to Grant Area Variances

The Zoning Board of Appeals of the Incorporated Village of Lawrence reversed its prior determination and granted, with stated conditions, an application by the respondent 284–285 Central Owners Corp. for certain area variances. The petitioners appealed contending that the determination of the Board of Appeals to reverse its first determination denying the subject application for certain area variances and grant that application was irrational and arbitrary and capricious. The court found, however, that the Board properly engaged in the required balancing test for area variance determinations and considered the relevant statutory factors. Accordingly, the court found that the court below properly denied the petition and dismissed the proceeding.

Gottlieb v Incorporated Village of Lawrence, 2015 WL 4634590 (NYAD 2 Dept. 8/5/2015)

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