Opinion
2000-07091
Argued September 28, 2001.
December 17, 2001.
In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Mount Pleasant, dated September 9, 1999, which, after a hearing, denied the petitioners' application for area variances, the appeal is from a judgment of the Supreme Court, Westchester County (Perone, J.), entered June 28, 2000, which granted the petition, annulled the determination, and directed the respondent to issue the requested variances to the petitioners.
Stephens, Baroni, Reilly Lewis, LLP, White Plains, N.Y. (Gerald D. Reilly of counsel), for appellant.
Howard Wm. Rasher, Hawthorne, N.Y. (Eric J. Rotbard of counsel), for respondents.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, BARRY A. COZIER, JJ.
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; Matter of De Sena v. Board of Zoning Appeals of Inc. Vil. of Hempstead, 45 N.Y.2d 105).
SANTUCCI, J.P., S. MILLER, FRIEDMANN and COZIER, JJ., concur.