Rod Staten Corp. v. Trotta

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning Appeals of the Town of Brookhaven dated June 8, 1999, which, after a hearing, denied the petitioner’s application for variances to develop three lots, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Gowan, J.), entered December 29, 1999, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The appellant seeks area and perimeter variances to construct three homes on a parcel zoned for one home. Based on evidence that five…