Barry v. Town of Amherst

The issues in this zoning case are whether the trial court applied the wrong standard in reviewing the decision of the Amherst Zoning Board of Adjustment denying the plaintiffs application for a variance and whether a zoning board’s failure to hold a hearing on an application for a variance within thirty days after the application was filed requires that the variance be granted. We answer the first question in the affirmative and the second question in the negative, and remand for further proceedings.

■ The subject of this litigation is a three-acre tract of land owned by the plaintiff and…