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Variance for Religious School Upheld Matter of Cohen v. Town of Ramapo Building Planning & Zoning Department NYLJ 5/10/17, p. 29, col. 4 AppDiv, Second Dept. (memorandum opinion)
In neighbors' article 78 proceeding challenging grant of an area variance to proposed operators of a religious school, neighbors appealed from Supreme Court's denial of the petition and dismissal of the proceeding. The Appellate Division affirmed, holding that the zoning board of appeals (ZBA) had engaged in the required balancing test.
A yeshiva sought several area variances to permit construction of a religious school in Monsey. After hearing testimony for and against the variances, the ZBA granted the variances, prompting two neighbors to bring this article 78 proceeding. Supreme Court denied the petition, and neighbors appealed.
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