Opinion
01-01107
Argued March 5, 2002
June 3, 2002
In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent Board of Zoning Appeals for the Village of Dobbs Ferry, dated March 1, 2000, which, after a hearing, denied the petitioner's application for certain area variances, the appeals are from a judgment of the Supreme Court, Westchester County (Cowhey, J.), entered January 9, 2001, which granted the petition, annulled the determination, and remitted the matter to the Board of Zoning Appeals for the Village of Dobbs Ferry with directions to grant the area variances.
Thacher Proffitt Wood, White Plains, N.Y. (Kevin J. Plunkett and Lino J. Sciarretta of counsel), for appellants.
Robert I. Eber, Tarrytown, N.Y., for intervenors respondents-appellants Allen W. Hale, Anne J. Day, Ron Gutfleisch, Stacey Sorrow, and Michael Kera.
Becker, Glynn, Melamed Muffly, LLP, New York, N.Y. (Rachel Korn Wasserman, pro se, of counsel), for intervenors respondents-appellants Rachel Korn Wasserman and Steven L. Wasserman.
Ecker, Loehr, Ecker Ecker, LLP, Yonkers, N.Y. (Lawrence H. Ecker of counsel), for respondents.
DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, WILLIAM D. FRIEDMANN, DANIEL F. LUCIANO, JJ.
ORDERED that the judgment is reversed, on the law, with one bill of costs payable to the appellants appearing separately and filing separate briefs, the petition is denied, the determination is confirmed, and the proceeding is dismissed on the merits.
Contrary to the determination of the Supreme Court, we find that the denial of the requested area variances was not arbitrary and capricious. The Board of Zoning Appeals for the Village of Dobbs Ferry (hereinafter the Board) properly considered all of the factors set forth in Village Law § 7-712-b(3)(b). The Board's determination that the detriment to the community would outweigh the benefit to the petitioners if the variances were granted is supported by substantial evidence in the record and has a rational basis (see Matter of Sasso v. Osgood, 86 N.Y.2d 374; Matter of David Park Estates v. Trotta, 283 A.D.2d 429). The determination, therefore, should not have been disturbed (see Matter of Fuhst v. Foley, 45 N.Y.2d 441).
RITTER, J.P., GOLDSTEIN, FRIEDMANN and LUCIANO, JJ., concur.