Wallo v. Town of Orleans Zoning Board of Appeals

—Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: Petitioner commenced this proceed*942ing to annul a determination of respondent Zoning Board of Appeals (ZBA) that granted a special use permit to Richard Hutchinson for the construction of a barn for the storage of construction equipment. The ZBA determined that the proposed use was "substantially the same” as an automobile service station or a machine and welding shop, which are permitted special uses under the Town’s Zoning Ordinance. Supreme Court granted the petition and annulled the determination,…