Posted by: Patricia Salkin | September 19, 2015

NY Appellate Court Upholds Town’s Decision to Grant Area Variances Finding the Board Applied the Proper Balancing Test and the Decision was Supported by Substantial Evidence in the Record

In a proceeding to review a determination of the Town of Hempstead Board of Appeals, which granted the applications of Andrew J. Mihalick, Kathleen M. Mihalick, Robert Douglas, and Kristin Elizabeth Kelsch for certain area variances, the court found that the transcript of the public hearing conducted by the Board on January 30, 2013, and the Board’s findings of fact and conclusions of law dated April 24, 2013, show that the Board properly performed the required balancing test. Therefore, the Board’s determination to grant the subject area variances had a rational basis and was supported by evidence in the record. Since the decision was neither illegal, arbitrary, nor an abuse of discretion, the determination of the Town of Hempstead Board of Appeals was sustained.

Towers v Weiss, 2015 WL 4922743 (NYAD 2 Dept. 8/19/2015)


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