MATTER OF ALLT v. ZONING BD. OF APPEALS OF TOWN OF HYDE PARK


255 A.D.2d 311 (1998)

679 N.Y.S.2d 422

In the Matter of William Allt, Respondent, v. Zoning Board of Appeals of Town of Hyde Park et al., Appellants

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

November 2, 1998


Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed, and the proceeding is dismissed on the merits.

In determining the merits of an area variance application, a Zoning Board of Appeals is required to consider: "(1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; (2) whether the benefit sought by the...

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