Franchise Realty Interstate Corp. v. Pisaturo

Judgment unanimously reversed, without costs and matter remitted to the zoning board of appeals for further proceedings in accordance with the following memorandum: Petitioner owns a fast food restaurant in the Town of Gates. The structure was built in 1966. In 1976 an amendment to the town zoning ordinance increased the applicable setback requirements. In 1979 petitioner applied to the town zoning board of appeals for variances for relocation of freezer and trash bins and for construction of a drive-through service window at the side of the structure. The board denied the variances, finding…