Ordered that the judgment is affirmed, with one bill of costs.
In determining whether to grant an application for an area variance, Village Law § 7-712-b (3) (b) requires a zoning board of appeals to engage in a balancing test, weighing "the benefit to the applicant if the variance is granted" against "the detriment to the health, safety and welfare of the neighborhood or community by such grant" (see, Matter of Sasso v Osgood,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
