Macchio v. Planning Board of East Hampton

OPINION OF THE COURT

Michael F. Mullen, J.

This is a CPLR article 78 proceeding in which the petitioner, Rosalie Macchio, seeks to annul so much of a determi*623nation of the respondent Planning Board of the Town of East Hampton, dated December 19, 1990 (which constituted a waiver of subdivision approval), as contained the following conditions: that the buildings and roofed structures on all the lots (four) could not exceed 22 feet or one story in height; and that all the buildings and roofed structures on three of the lots must have pitched roofs (minimum 1:2 rise over run), shall be sheathed only…