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MATTER OF CIVIC ASSOCIATION OF SETAUKETS v. TROTTA

8 A.D.3d 482 (2004)

778 N.Y.S.2d 524

In the Matter of CIVIC ASSOCIATION OF THE SETAUKETS et al., Respondents, v. FRANK TROTTA et al., Respondents, and MARILYN ZUCKER, Appellant.

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

June 14, 2004.

Ordered that the judgment is affirmed, with costs.

In determining whether to grant an area variance, a zoning board must "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" (Matter of Ifrah v Utschig, 98 N.Y.2d 304, 307 [2002], citing Matter of Sasso...

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