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MATTER OF ROD STATEN CORP. v. TROTTA

278 A.D.2d 328 (2000)

718 N.Y.S.2d 201

In the Matter of ROD STATEN CORP., Appellant, v. FRANK C. TROTTA, as Chairman of the Board of Zoning Appeals of the Town of Brookhaven, et al., Respondents.

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

Decided December 11, 2000.

Ordered that the judgment is affirmed, with costs.

The appellant seeks area and perimeter variances to construct three homes on a parcel zoned for one home. Based on evidence that five of seven parcels within 200 feet of the subject parcel are not improved, the determination of the respondent Board of Zoning Appeals of the Town of Brookhaven (hereinafter the Board) to deny the variance was rational, and was not arbitrary and capricious (see, Matter of Sasso v Osgood...

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