MATTER OF MILTOPE CORP. v. ZONING BD. OF APPEALS OF THE TOWN OF HUNTINGTON


184 A.D.2d 565 (1992)

In the Matter of Miltope Corporation et al., Appellants, v. Zoning Board of Appeals of the Town of Huntington, Respondent, and Amelia Guidi, Intervenor-Respondent

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

June 8, 1992


Ordered that judgment is reversed, on the law, without costs or disbursements, the petition is granted, the determination granting the intervenor a use variance is annulled, and the application is denied.

The intervenor sought a use variance to construct a delicatessen in a I-1 Light Industry Zone in the Town of Huntington. A use variance may be granted upon proof of "unnecessary hardship". To establish such "unnecessary hardship," the record must show that (1) the...

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