Legal Opinion

Clute v. Town of Wilton Zoning Board of Appeals

Appellate Division of the Supreme Court of the State of New York

Decided May 12, 1994PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Casey, J.

Alfred Arnold and Debra Arnold built a single-family residence on a parcel of property in the Town of Wilton, Saratoga County. The lot on which the residence was built did not meet the minimum lot size or the minimum road frontage required by the Town Zoning Ordinance, and the structure violated the front and sideyard setbacks required by the ordinance. When they were denied a certificate of occupancy, the Arnolds sought an area variance for lot size, frontage and the setbacks. After hearings on the matter, respondent Town Zoning Board of Appeals granted the…

2Cases cited8 opinions

  1. Fuhst v. FoleyNew York Court of Appeals · 1978
  2. Reilly v. ReidNew York Court of Appeals · 1978
  3. Doyle v. AmsterNew York Court of Appeals · 1992
  4. Freddolino v. Village of Warwick Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1993
  5. Kenyon v. QuinonesAppellate Division of the Supreme Court of the State of New York · 1973

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3Cited by4 opinions

  1. Jones v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2011
  2. Belgarde v. KocherAppellate Division of the Supreme Court of the State of New York · 1995
  3. Matter of Carl Myers Enters., Inc. v. Town of Conesus Zoning Bd. of AppealsAppellate Division of the Supreme Court of the State of New York · 2021
  4. Matter of Wen Mei Lu v. City of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 2018

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