Sierra Construction Co. v. Board of Appeals

Van Vooehis, J. (dissenting).

Petitioner-appellant erected a house set back 67.5 feet from the east edge of Mt. Read Boulevard in the Town of Greece, County of Monroe. This was in accordance with the 60-foot minimum setback requirement of the zoning ordinance, unless a larger minimum setback is compelled by a clause in the ordinance providing that the setback line shall be not less than the average setback of all other buildings on the same side of a street within 300 feet on either side of the proposed building site. When this building permit was applied for in 1961, four houses had been…