Opinion
August 7, 1995
Appeal from the Supreme Court, Orange County (Carey, J.).
Ordered that the judgment is affirmed, with costs to the respondent Town of Highlands Zoning Board of Appeals.
Notwithstanding the proximity of the petitioner's business to the property which is the subject of the challenged area variances, the allegations of the amended petition fail to set forth any clear and genuine non-economic concerns and instead strongly suggest that the petitioner's opposition to the variances is based on his fear of increased business competition. Inasmuch as this business concern is not within the scope of interests protected by the relevant zoning and environmental regulations, we agree with the Supreme Court that the petitioner lacks standing to maintain this proceeding (see, Matter of Sun-Brite Car Wash v. Board of Zoning Appeals, 69 N.Y.2d 406; Made From Scratch v. City of New York, 200 A.D.2d 439; Montes Waste Sys. v. Town of Oyster Bay, 199 A.D.2d 493; Matter of Valhalla Union Free School Dist. v. Board of Legislators, 183 A.D.2d 771). Sullivan, J.P., Miller, Thompson and Ritter, JJ., concur.