Matter of Leone v. Brewer

Pound, Ch. J.

The only question before the court is whether, on the undisputed facts, appellant has established a clear legal right to a permit from the Building Commission of the town of Mamaroneck to erect a dwelling on his lots in accordance with plans and specifications filed by him. The lots are corner lots in class A, residence district, forming a triangular piece of land where two streets intersect obliquely. The zoning ordinance of the town provides in relation thereto as follows:

“Art. III, Section 11. Set Back: No part of any building shall be built within 30 feet of any street fine,…