Posted by: Patricia Salkin | April 2, 2021

NY Appellate Court Upholds Denial of Area Variances

Petitioner, D’Souza, the owner of a parcel of property located in a part of West Hempstead where the minimum frontage width permitted is 55 feet, applied for area variances and subdivision approval. He wanted to subdivide the subject property, which is improved with one single-family home, into three lots. He sought to maintain the existing single[1]family home on one lot and to build two new single-family homes, each on their own lot. The two additional homes, however, would each have only 15.44 feet of frontage width. The Zoning Board of Appeals denied the request. The trial court upheld the denial and petitioner appealed.  The appellate court agreed that the zoning board properly weighed the relevant statutory factors in Town Law § 267–b(3)(b) and its determination was not illegal, arbitrary and capricious, or an abuse of discretion.

Souza v. Board of Appeals of Town of Hempstead, 2021 WL 1112787 (NYAD 2 Dept. 3/24/20210)

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