MATTER OF INLET HOMES CORP. v. ZONING BOARD OF APPEALS OF TOWN OF HEMPSTEAD


304 A.D.2d 758 (2003)

757 N.Y.S.2d 784

In the Matter of INLET HOMES CORP., Appellant, v. ZONING BOARD OF APPEALS OF TOWN OF HEMPSTEAD, Respondent.

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

Decided April 21, 2003.


Ordered that the judgment is affirmed, with costs.

In making its determination whether to grant an area variance, a zoning board of appeals is required by Town Law § 267-b (3) to engage in a balancing test weighing the benefit to the applicant against the detriment to the health, safety, and welfare of the neighborhood or community if the variance is granted (see Matter of Sasso v Osgood, 86 N.Y.2d 374 [1995]). The zoning...

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