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Real Estate & Property Law

: Law of the Land

NY Appeals Court Finds ZBA Acted Arbitrarily in Denying Area Variances from Wetlands Setback Requirements

By Patty Salkin

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In New York, zoning boards of appeals are required to engage in a statutory five-part balancing test in determining whether to grant an area variance.  This test weighs the benefit to the applicant against the detriment to the health, safety and welfare of the neighborhood or community.  Specifically, the zoning board is required to consider: [...]

Full post as published by Law of the Land on January 11, 2008 (boomark / email).

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