Opinion
June 28, 1961
Appeal from the Monroe Special Term.
Present — Williams, P.J., Bastow, Goldman, McClusky and Henry, JJ.
Order unanimously modified in accordance with the memorandum and as so modified affirmed, without costs of this appeal to any party. Memorandum: Our modification applies only to the second ordering paragraph of the order appealed from. That paragraph dismissed, on the merits, the application of the petitioners to annul and set aside the determination of the Zoning Board of Appeals and confirms such determination. Our only disagreement with the board's determination is that it is too indefinite. The application was approved by the board on condition that applicant must comply with section 91-17-1c of the zoning ordinance and "with statements of intended operation of building, restricted to verbal statements of applicants." This is a very unsatisfactory and incomplete statement of the conditions which the board intended to attach. One who wished to challenge compliance with the conditions during construction or thereafter would find little to guide him in the form of the board's order granting the variance. Furthermore, this general language will afford little protection to the permittee. The conditions should be specified in detail and with exactness. For this reason, the order appealed from should be modified so as to dismiss the application to annul and set aside the determination of the Board of Appeals, and to approve the board's determination generally but to direct that the matter be remanded to the Zoning Board of Appeals for an amendment of the board's order in compliance herewith.