Human Development Services of Port Chester, Inc. v. Zoning Board of Appeals

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs. In so holding, however, we do not find it necessary to reach the public policy question discussed in the Appellate Division decision.

It was conceded by the Village Attorney before the Zoning Board of Appeals that the use proposed to be made of the premises by petitioner "is a single family dwelling under the statute”* and that if the Board denied "the variance the *705building would have to either be torn down or the additional land would have to be obtained.” Petitioner’s presentation before the…