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MATTER OF DEGREGORIO v. TOWN OF MOUNT PLEASANT ZONING BOARD OF APPEALS

303 A.D.2d 585 (2003)

756 N.Y.S.2d 476

In the Matter of EDNA DEGREGORIO et al., Appellants, v. TOWN OF MOUNT PLEASANT ZONING BOARD OF APPEALS et al., Respondents.

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

Decided March 17, 2003.

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

Pursuant to Town Law § 267-b (3) (b), the Town of Mount Pleasant Zoning Board of Appeals (hereinafter the Board) has the power to grant area variances as long as it takes into consideration the "benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety, and welfare of the neighborhood...

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