Legal Opinion
Carlozzi v. Barlow
Appellate Division of the Supreme Court of the State of New York
Decided October 30, 1986PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Casey, J.
The issue presented by this appeal is whether the Zoning Board of Appeals of the Town of Chester in Warren County abused its discretion in denying petitioners’ application for an area variance. Special Term held that the Zoning Board did abuse its discretion. We agree.
The property at issue, owned by petitioners, consists of .96 acre of land with 169 feet of frontage on the westerly side of Route 9, in a B-l (General Business) district under the town’s Zoning Ordinance. Two buildings on the property near its southern boundary are used for office space and…
2Cases cited2 opinions
- Conley v. Town of Brookhaven Zoning Board of AppealsNew York Court of Appeals · 1976
- De Sena v. Board of Zoning AppealsNew York Court of Appeals · 1978
3Cited by4 opinions
- Fischlin v. Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1992
- Johansen v. OchsieAppellate Division of the Supreme Court of the State of New York · 1990
- Zwitzer v. Zoning Board of Appeals of Town of CanandaiguaAppellate Division of the Supreme Court of the State of New York · 1988
- Matter of 209 Hudson St., LLC v. City of Ithaca Bd. of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 2020