Wiley v. Board of Appeals of Newburgh

The respondent Dake Brothers, Inc., owns a triangular parcel of land which is located at the intersection of Route 9W and Carter Avenue in the Town of Newburgh. The parcel was *702improved by a 2,500-square-foot garage which constituted a preexisting nonconforming use because it had a 17-foot front yard setback from Route 9W rather than the 40-foot setback now required by the zoning ordinance. Dake Brothers, Inc., sought and obtained front yard setback variances which would allow it to replace the existing building with a 2,304-square-foot store which would have front yard setbacks of…