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In the Matter of PLANDOME DONUTS, INC., et al., appellants, v. DAVID MAMMIMA, et al., respondents.

DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

A zoning board may impose conditions in conjunction with granting a variance, so long as the conditions are reasonable and relate directly to the real estate involved without regard to the owner or occupant ( see, Town Law § 267-b Town[4]; Matter of St. Onge v. Donovan, 71 N.Y.2d 507, 515-516; Matter of Finger v. Levenson, 163 A.D.2d 477). The determination of a zoning board will be upheld provided it has a rational basis and is supported by substantial evidence ( see, Matter of Fuhst v. Foley, 45 N.Y.2d 441; Matter of Shorelands, Inc. v. Matthews, 230 A.D.2d 862, 863).

The contested condition imposed by the board, which requires that a reserved parking area be open to all retail and restaurant customers on Saturdays between 10:00 A.M. and 6:00 P.M., is proper because it relates directly to the use of the land and is intended to protect the neighboring commercial properties from the possible adverse effects of the petitioners' operation, such as the anticipated increase in traffic congestion and parking problems, which are particularly difficult on weekends ( see, Matter of St. Onge v. Donovan, supra, at 516; Matter of Nardone v. Zoning Bd. of Appeals of Town of Lloyd, 144 A.D.2d 807, 809).

The petitioners' remaining contention is without merit.

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MATTER OF PLANDOME DONUTS, INC. v. MAMMIMA
(Jun 14, 1999)