Bergen v. Zoning Board of Appeals

In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Putnam Valley, dated August 16, 1995, which, after a hearing, denied the petitioners’ application for an area variance, the appeal is from a judgment of the Supreme Court, Putnam County (Sweeny, J.), dated February 5, 1996, which granted the petition.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

The Zoning Board of Appeals of the Town of Putnam Valley (hereinafter the Board) contends that the petitioners…