Opinion
May 10, 1971
In a proceeding pursuant to article 78 of the CPLR to review appellant's determination which refused to grant petitioners' application for area variances to permit construction of three dwellings on petitioners' land, the appeal is from a judgment of the Supreme Court, Nassau County, dated December 17, 1970, which granted the petition and directed appellant to issue the variances. Judgment modified, on the law, by adding to the decretal paragraph thereof the following: "provided, however, that the variance as to the proposed westerly house shall require the westerly side yard thereof to be 20 feet, instead of the requested 13.6 feet". As so modified, judgment affirmed, without costs. Under the circumstances of this case, we believe the above-mentioned side yard increase should be required in order to meet the requirements of the Residential "B" District. Latham, Acting P.J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.