Legal Opinion

Opn. No.

New York Attorney General Reports

Decided January 19, 1978Published

1Opinion of the Court

Bradley J. Carr, Esq. Attorney for the Town of Camillus Zoning Board of Appeals and Planning Board

This is in reply to your letter of January 5, 1978, wherein you ask for an opinion as to the proper method for a town to grant an area variance.

Town Law, § 267 (5) defines the power of town zoning boards in passing upon applications for variances as follows:

"Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of such ordinances, the board of appeals shall have the power in passing upon appeals, to vary or modify the application of any of the…

2Cases cited4 opinions

  1. Weinstein v. NicosiaNew York Supreme Court · 1962
  2. Weinstein v. NicosiaAppellate Division of the Supreme Court of the State of New York · 1963
  3. Schaus v. Town BoardNew York Supreme Court · 1975
  4. North Shore Beach Property Owners Ass'n v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 1956

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