Scaglione v. Zoning Board of Appeals of the Town of New Hartford

—Judgment unanimously reversed on the law without costs and petition granted. Memorandum: Supreme Court erred in dismissing the petition to annul a determination of respondent Zoning Board of Appeals of the Town of New Hartford (Zoning Board) that granted respondent Board of Water Supply of the City of Utica (Water Board) a special use permit to construct a three million gallon water storage tank in the Middle Grove subdivision in the Town of New Hartford. The Zoning Ordinance of the Town of New Hartford provides that a public utility use within an R-l residential zone must have a special use…