Holowka v. Zoning Board of Appeals

In this article 78 proceeding petitioner seeks an order annuling the determination of the respondent, which granted a use variance authorizing the construction of a department store in an area designated by the Town Board of the Town of Greece as a “ Temporary Flood Control District ”. (Zoning Ordinance of the Town of Greece, >§ 39-31D.)*

The application for a permit had been previously denied by the Building Department of the Town of Greece because of the provisions of section 39-31. The property consists of approximately 13 acres of vacant land and the site is located in a zoning *739district…