Jones v. Planning Board of Town of Marlborough

Appeal from a judgment of the Supreme Court (Bradley, J.), entered October 1, 1992 in Ulster County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Planning Board of the Town of Marlborough denying petitioner’s request for certificates of permanent occupancy.

Petitioner is the owner of a 0.42-acre parcel of property in an R-AG1 (rural agricultural) zoning district — which has a *627minimum lot size requirement of one acre per dwelling unit— in the Town of Marlborough, Ulster County. On the property are three…