Stamm v. Board of Zoning Appeals

—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted the CPLR article 78 petition and annulled the use variance granted in October 1999 with respect to real property located at 839 Long Pond Road in the Town of Greece. The variance permitted a restricted business use in a single-family residential district on the ground of unnecessary hardship. As the court properly determined, respondent, Zoning Board of Appeals of the Town of Greece, erred in concluding that the alleged hardship was not self-created. The evidence establishes that the owners are investors…