Cedar Lane Heights Corp. v. Marotta

Christ and Brennan, JJ.,

dissent and vote to reverse the order and to deny the application, with the following memorandum: The proposed construction is of ffarden-tvpe apartment buildings on an undeveloped tract of land of approximately 6.7 acres. The town Building Inspector *652viewed the proposed project as one involving such an expanse of .land area as should be passed upon by the Planning Board of the town upon the basis of a plat as contemplated by section 276 of the Town Law. He gave notice to petitioner to this effect. We do not regard the exercise-of ■ his judgment and his action to be…