Plucknette v. Zoning Board

Judgment unanimously affirmed without costs. Memorandum: Petitioners commenced this CPLR article 78 proceeding challenging the determination of respondent granting an area variance to an owner of adjacent property with respect to the requirements of Parma Town Code § 33-8 (C). That section states, in pertinent part, that "[a]ll streets or highways hereafter laid out or dedicated to the town shall be at least sixty (60) feet in width”. The area variance permitted a roadway that was 50 feet in width.

Supreme Court properly dismissed the petition. Respondent considered each of the requisite…