Point Lookout Civic Ass'n v. Zoning Board of Appeals

OPINION OF THE COURT

Eli Wager, J.

In the years since a less stringent standard of proof required of an applicant for an area variance than that theretofore required was judicially enunciated in Matter of Village of Bronxville v Francis (1 AD2d 236, affd 1 NY2d 839) denials of applications for area variances by zoning boards have been frequently challenged in the courts, but there have been few challenges to board decisions granting such variances (see 3 Anderson, American Law of Zoning [2d ed], § 18.47). This article 78 proceeding is one such case.

*264THE FACTS

The petitioning civic association and…