Asma v. Curcione

Judgment unanimously reversed, without costs, and matter remitted to Zoning Board of Appeals for further proceedings in accordance with the following Memorandum: The Zoning Ordinance of the City of Niagara Palls authorizes the Board of Appeals to issue a special permit subject to the condition that such application must be referred to the Planning Board. If the latter board recommends denial (or issuance subject to stated conditions) the permit may only be issued upon unanimous vote of the Board of Appeals. This procedure was followed in acting on petitioners’ application. The Planning Board…