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IN THE MATTER OF CFS REALTY CORP. v. BOARD OF ZONING APPEALS OF TOWN OF NORTH HEMPSTEAD

7 A.D.3d 705 (2004)

776 N.Y.S.2d 834

IN THE MATTER OF CFS REALTY CORP., Appellant, v. BOARD OF ZONING APPEALS OF THE TOWN OF NORTH HEMPSTEAD, Respondent.

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

May 17, 2004.

Ordered that the judgment is affirmed, with costs.

In determining whether to grant an area variance, Town Law § 267-b (3) requires zoning boards 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, 384 [1995]). The zoning board is also required...

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