January 29, 2019

On January 23, 2019, the Appellate Division, Second Department held in the Matter of Osia Mengisopolous v. The Board of Zoning Appeals of the City of Glen Cove, that the Zoning Board’s decision to deny the homeowner’s variances was properly annulled by the Supreme Court.

The Court stated in relevant part as follows:

“We agree with the Supreme Court that, although the Board engaged in the required balancing test, the Board failed to meaningfully consider the relevant statutory factors. While the proposed variances were clearly substantial and the alleged difficulty was self-created, the Board’s failure to cite to particular evidence as to whether granting the variances would have an undesirable effect on the character of the neighborhood, adversely impact physical and environmental conditions, or otherwise result in a detriment to the health, safety, and welfare of the neighborhood or community requires reconsideration of the application, weighing all of these factors.”

Accordingly, the Court agreed with the Supreme Court’s determination annulling the Zoning Board’s determination, and remited the matter to the Board for reconsideration of the petitioner’s application.

A copy of the full decision can be obtained online:

http://www.courts.state.ny.us/courts/ad2/Handdowns/2019/Decisions/D57907.pdf

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