IN RE: GOULD INVESTORS L.P. (1999)

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Appeals of the Village of East Hills, dated January 15, 1997, which, after a hearing, required the petitioner to provide 17 additional parking spaces to legalize the existing use of basement offices in the subject premises, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Schmidt, J.), entered October 24, 1997, which denied the petition and dismissed the proceeding.

ORDERED that the judgment is affirmed, with costs.

Contrary to the petitioner's contention, the determination that 17 additional parking spaces were required to legalize the existing use of the basement offices in the subject premises was supported by substantial evidence (see, Human Dev. Servs. v. Zoning Bd. of Appeals of Vil. of Port Chester, 67 N.Y.2d 702, 499 N.Y.S.2d 927, 490 N.E.2d 846;  Conway v. Kerr, 51 A.D.2d 758, 380 N.Y.S.2d 44).

Moreover, at the time the original permit application was filed in 1965, the then-owners indicated that they were going to purchase an adjacent parcel with an area of 6,175 square feet, which was to be used strictly for additional parking.   On August 17, 1966, the Building Department of the Village of East Hills issued a certificate of occupancy in reliance on the owners' purchase of said parcel, having included that 6,175 square feet area in the site plan.   Under these circumstances, the petitioner's argument that the 17 additional parking spaces were provided gratuitously at the time of the original application is without merit.

MEMORANDUM BY THE COURT.