Posted by: Patricia Salkin | August 26, 2021

NY Appellate Court Remands Variance from Building Permit Matter for More Information from the Town Board

Petitioners challenged the decision of the Town Board that granted respondents’ application for a variance from the requirement that they must obtain a building permit before making improvements to their property. The Appeallate Court was unable on the record before them to review the propriety of Supreme Court’s conclusions regarding the Town Board’s determination stating, ” although the Town Board held a public hearing and a meeting to discuss
respondents’ application and engaged in a lengthy discussion regarding that application, the Town Board failed to articulate its reasons for granting the variance and failed to set forth any findings of fact to support its determination.” Therefore the Court helds its determination in reserve and and remitted the matter back to the Town Board.

Guttman v Covert Town Board, 2021 WL 3782998 (NYAD 4 Dept. 8/26/2021)

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