Opinion
March 23, 1998
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 zoning board must apply the balancing test by addressing each of the five factors enumerated in the statute, based on the evidence before it (Matter of Sasso v. Osgood, 86 N.Y.2d 374, 384; Matter of Malin v. Leibowitz, 229 A.D.2d 580).
In the instant case, the determination of the Zoning Board of Appeals of the Village of Nyack had a rational basis. The Board properly applied the balancing test as set forth in Village Law § 7-712-b (3) (b) and denied the application.
Mangano, P. J., Miller, Ritter and Thompson, JJ., concur.