Opinion
July 29, 1996
Appeal from the Supreme Court, Nassau County (O'Brien, J.).
Ordered that the judgment is affirmed, with costs.
In determining whether to grant an application for an area variance, Village Law § 7-712-b (3) (b) requires a zoning board of appeals to balance "the benefit to the applicant * * * as weighed against the detriment to the health, safety and welfare of the neighborhood or community". The applicant for an area variance need not meet the former burden of showing that the denial of the application would cause "practical difficulty" or "significant economic injury" (see, Matter of Sasso v. Osgood, 86 N.Y.2d 374, 384). Instead, the zoning board must now apply the balancing test by addressing each of the five factors enumerated in the statute, based upon the evidence before it (see, Matter of Khan v. Zoning Bd. of Appeals, 87 N.Y.2d 344, 351-352; Matter of Sasso v. Osgood, supra, at 384-386; Matter of Eccles v. Zoning Bd. of Appeals, 224 A.D.2d 525).
In the instant case, the Village of Kings Point Board of Appeals properly applied the balancing test as set forth in Village Law § 7-712-b (3) (b) and denied the application. The Board's determination had a rational basis (see, Matter of Sasso v. Osgood, supra, at 384; Matter of Fuhst v. Foley, 45 N.Y.2d 441, 444). Miller, J.P., O'Brien, Sullivan and Altman, JJ., concur.