Tara Homes, Inc. v. Volz

The Board of Zoning Appeals of the Town of Babylon granted Tara Homes, Inc., lot area variances as to two separate plots. Both determinations are before the court in twin proceedings brought under article 78 of the CPLR. Since the petitions are almost identical except as to the property the subject of each, and since the same objection in point of law is raised by respondent by motions to dismiss the two proceedings they can be most simply and conveniently disposed of in this one decision applicable to them jointly.

Although Tara was permitted to build on plots 2,000 square feet less than…