Spinella v. Zoning Board of Appeals

-Judgment unanimously reversed on the law with costs and petition granted. Memorandum: On a prior appeal (Matter of Spinella v Zoning Bd. of Appeals, 144 AD2d 927), we remitted the matter to the Zoning Board to determine whether the use of the property at the time of the adoption of the Zoning Ordinance was a use first permitted in a B-2 General Business District or was a use first permitted in an M-l Manufacturing District. The Board determined that, at the time of the adoption of the Ordinance, petitioner was conducting a landscaping and excavating business and that it stored its equipment,…