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MATTER OF ECCLES v. ZONING BD. OF APPEALS OF VILL. OF IRVINGTON

224 A.D.2d 525 (1996)

638 N.Y.S.2d 162

In the Matter of Peter W. Eccles et al., Appellants, v. Zoning Board of Appeals of Village of Irvington, Respondent, and Henry C. Wells et al., Intervenors-Respondents

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

February 13, 1996

Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

In determining whether to grant an application for an area variance, Village Law § 7-712-b (3) requires a zoning board of appeals to engage in a balancing test, weighing "the benefit to the applicant" against "the detriment to the health, safety and welfare of the neighborhood or community...

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