Spinella v. Zoning Board of Appeals of Town of New Hartford

Judgment unanimously reversed on the law with costs, petition granted, and matter remitted to the respondent Board for further proceedings, in accordance with the following memorandum: The Zoning Ordinance of the Town of New Hartford, adopted in 1952, provided that a prior nonconforming use may be changed to another nonconforming use of the same or higher classification. Following a hearing to determine whether the owner had abandoned a prior nonconforming use, the Zoning Board of Appeals, without reciting the facts upon which it was based, concluded that the use being made of the property in…