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MATTER OF PECCORARO v. HUMENIK

258 A.D.2d 465 (1999)

684 N.Y.S.2d 588

In the Matter of GREGORY M. PECCORARO, Respondent, v. BRUCE E. HUMENIK, as Chairman of the Zoning Board of Appeals of the Village of Babylon, et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 1, 1999.

Ordered that the judgment is affirmed, with costs.

Contrary to the appellants' contention, the Supreme Court properly granted the petition for an area variance. Pursuant to Village Law § 7-712-b (3) (b), in determining an application for an area variance, a Zoning Board must engage in a balancing test, considering the five factors outlined in the statute, and weighing the benefit to the applicant against the detriment to the health, safety, and welfare of the...

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