Jones v. Zoning Board of Appeals

Peters, J.P.

Appeal from a judgment of the Supreme Court (Dowd, J.), entered May 9, 2008 in Otsego County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Zoning Board of Appeals of the Town of Oneonta granting respondent Larry Place’s request for a use variance.

Respondent Larry Place inherited property adjacent to petitioners in the Town of Oneonta, Otsego County. Both properties are in a RA-40 zone, wherein the permitted uses are largely residential and agricultural. Place’s property contains a half-century-long…