Anthony S. Guardino Area Variances as a Special Use Permit 'Workaround'
New York law prohibits local boards with jurisdiction over special use permits from waiving or modifying their criteria. A decision by the New York Court of Appeals, however, provides a subtle, and often quite useful, way of circumventing that limitation.
January 25, 2022 at 10:00 AM
10 minute read
By Anthony S. Guardino
Thirty years ago, in 1992, the New York Legislature enacted legislation that included new Town Law §274-b, defining and governing approval of special use permits, a widely used zoning device previously unmentioned in New York statutes. See, also, General City Law §27-b; Village Law §7-725-b (identical special use permit authority).
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