283 A.D. 955 | N.Y. App. Div. | 1954
In a proceeding pursuant to article 78 of the Civil Practice Act, defendant the board of appeals of the Village of Brightwaters appeals from a final order of the Supreme Court, Suffolk County, confirming the report of an Official Referee, annulling a decision of said board and directing that the board grant a variance for which respondents had applied. The notice of appeal brings up for review an order of reference to hear and report. Respondents’ application to the board was for an area variance, so as to permit the extension of the buildings on property which respondents owned, closer to the street lines than was permitted by the pertinent provisions of the zoning ordinance. The application for the variance stated that it was asked for in order that renovations might be made to respondents’ buildings, conforming their appearance with that of an adjacent building. The minutes of the board disclose that when the application was presented it was stated that proposed renovations would be necessary to give sufficient depth to stores which were to be constructed, and that if the variances were not granted, respondents would have to leave the property as it was. It was asserted that the proposed renovations would add beauty to the existing business district. Neither the application nor the minutes disclose that respondents claimed any practical difficulty or unnecessary hardship in complying with the provisions of the ordinance, nor does the record indicate that evidence sufficient to sustain such a claim was presented to the board. The board granted respondents’ application in part, but denied the full relief applied for. In this proceeding, to review the determination by the board on the ground that it was arbitrary and capricious, the petition also alleged that the decision of the board did not resolve the practical