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Legal Opinion

Opn. No.

New York Attorney General Reports

Decided March 5, 1990Published

1Opinion of the Court

Requestor: John M. Wourgola, Deputy Town Attorney Town of Southampton Town Hall — 116 Hampton Road Southampton, New York 11968

Written by: Patrick Barnett-Mulligan, Assistant Attorney General

You have asked whether the three-year exemption established by section265-a of the Town Law exempts a subdivision developer from the more stringent setback requirements established by a subsequent local law of the town governing wetlands.

Section 265-a was added to the Town Law in 1960 (L 1960, ch 1060). It provides that the lot size and setback requirements in effect when a subdivision plat is approved by…

2Cases cited9 opinions

  1. Berenson v. Town of New CastleNew York Court of Appeals · 1975
  2. People v. EisenCriminal Court of the City of New York · 1974
  3. Freundlich v. Town Board of SouthamptonAppellate Division of the Supreme Court of the State of New York · 1979
  4. People v. EisenAppellate Terms of the Supreme Court of New York · 1974
  5. People v. A & C Trucking Co.Geneva City Court · 1977

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