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Senate committee hears debate over removing 'unnecessary hardship' from variance test
Summary
Senate committee testimony split over SB 435, which would drop the 'unnecessary hardship' prong from the five‑part zoning variance test; sponsors say it will reduce inconsistent application and litigation, while municipal officials warn it could erode property protections tied to a parcel's unique attributes.
Senate members and witnesses heard competing arguments over Senate Bill 435, a proposal to eliminate the 'unnecessary hardship' prong from the state’s five‑part variance test.
Senator Daryl Abbess, the bill’s prime sponsor, told the committee SB 435 would remove a criterion that he has seen applied inconsistently and which often confuses applicants and boards. "It's a 5 part criteria. You just make it 4; it eliminates the hardship criteria," Abbess said, arguing the remaining four criteria protect abutters and that removing the fifth prong would produce a cleaner, less litigious process.
Margaret Burns of the New…
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