Town of Somerset v. Perry

—Judgment unanimously reversed, on the law, without costs, and application granted, in accordance with the following memorandum: Respondents’ conversion of their property from a bargain store to a diner constituted a change of a nonconforming use under the town’s zoning ordinance for which a variance was required (Matter of Off Shore Rest. Corp. v Linden, 30 NY2d 160). In granting the variance the town’s requirement that respondents obtain a use variance with conditions was warranted. The record indicates that two conditions imposed by the town were violated. Moreover, since respondents…