Shepard v. Zoning Board of Appeals of Johnstown

Although we agree that so much of Special Term’s judgment as annulled respondent zoning board of appeals denial of petitioner’s application for a special use permit should be affirmed, we cannot agree with the majority insofar as it holds that the absence of legislatively prescribed standards for the issuance of special permits requires the board to grant unconditionally petitioner’s request for such a permit. Matter of Tandem Holding Corp. v Board of Zoning Appeals of Town of Hempstead (43 NY2d 801), upon which the majority relies to conclude that respondent was powerless to deny…