Sasso v. Osgood

Judgment unanimously reversed on the law without costs and petition granted. Memorandum: Supreme Court failed to exercise its review function properly in denying the petition to annul a determination of the Zoning Board of Appeals of the Town of Henderson (ZBA). The ZBA granted an area variance to intervenor, the owner of a substandard lot, to enable him to demolish an existing single-slip boathouse and erect a three-slip boathouse in its place. Although local zoning boards have discretion in considering an application for a variance and the judicial function is a limited one (see, Matter of…