MATTER OF SASSO v. Osgood

OPINION OF THE COURT

Simons, J.

This appeal requires us to interpret the provisions of recently enacted Town Law § 267-b (3) regulating area variances. Specifically, the question is whether the provisions of the statute are exclusive or whether an applicant for an area variance must make a showing of "practical difficulties.” The Appellate Division came to the latter conclusion that, the provisions of the statute notwithstanding, an applicant must show "practical difficulties” before being entitled to an area variance. We disagree, and reverse the order of that Court.

I

In 1989, intervenor Gerald…