Foxluger v. Gossin

— Judgment unanimously affirmed, without costs. Memorandum: This case involves an appeal from a judgment of Special Term which sustained the action of the Town Board of the Town of Penfield in granting a permit to operate a restaurant in a designated historic site under the town’s “Historical Preservation” ordinance and is before us for the third time. We first held the case and remitted the matter because the town board failed to make specific findings mandated by subdivision H of section 14-7 of the Code of the Town of Penfield (Matter of Foxluger v Gossin, 65 AD2d 922). The facts of this…