Opinion
May 26, 1998
Appeal from the Supreme Court, Suffolk County (Tanenbaum, J.)
Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed, on the merits.
The petitioners added a second story to their house without obtaining a building permit, and later sought the necessary area variances in connection with the sale of the house as illegally restructured. In light of the self created nature of the hardship which the petitioners now confront, and in light of the substantial nature of the multiple variances they request, we cannot conclude that the Zoning Board of Appeals acted irrationally or capriciously in denying the application ( see, Town Law § 267-b [b]; see also, Matter of McGlasson Realty v. Town of Patterson Bd. of Appeals, 234 A.D.2d 462; Matter of Robbins v. Seife, 215 A.D.2d 665; cf., Matter of Baker v. Brownlie, 248 A.D.2d 527).
Bracken, J.P., O'Brien, Copertino and Altman, JJ., concur.