MATTER OF RICH v. ZONING BD. OF APPEALS OF THE VILL. OF HASTINGS-ON-HUDSON


53 A.D.2d 672 (1976)

In the Matter of Charles Rich, Appellant, v. Zoning Board of Appeals of the Village of Hastings-on-Hudson et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 21, 1976


Judgment reversed, on the law, without costs or disbursements, and matter remanded to the zoning board of appeals for a new determination in accordance herewith.

The zoning board of appeals erroneously considered petitioner's application for a special use permit as an application for a variance. The board thus applied a stricter standard than was warranted. Accordingly, we remand the matter to the board for consideration of petitioner's application as one for a special...

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