MATTER OF SORBY v. ZONING BOARD OF APPEALS OF THE TOWN OF MOUNT PLEASANT


289 A.D.2d 410 (2001)

734 N.Y.S.2d 888

In the Matter of BRYAN SORBY et al., Respondents, v. ZONING BOARD OF APPEALS OF THE TOWN OF MOUNT PLEASANT, Appellant.

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

Decided December 17, 2001.


Ordered that the judgment is affirmed, without costs or disbursements.

The record established that the relief sought by the petitioners would not produce an undesirable change in the character of the neighborhood, particularly since the majority of the homes in the area were built on substandard lots. Thus, the Zoning Board's denial of the variances was not supported by substantial evidence (see, Matter of Sasso v Osgood, 86 N.Y.2d 374

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