Falkenbury v. Schultz

Proceeding pursuant to article 78 of the CPLR to annul a determination of respondent Zoning Board of Appeals, made December 21, 1972, granting an application by respondent Maplewood Swimming Club, Inc., for a special permit to construct two tennis' courts less than 100 feet from adjacent lot lines. Petition granted and determination annulled, on the law, without costs. The Town of Greenburgh Zoning Ordinance provides for tennis courts and similar recreational facilities as special exception uses in residential neighborhoods. Such facilities cannot be located less than 100 feet from any…