BELLANCA v. GATES


97 A.D.2d 971 (1983)

Sam Bellanca et al., Appellants, v. Roger Gates et al., Constituting The Zoning Board of Appeals of the Town of Henrietta, Respondents, and Transmation, Inc., Intervenor-Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 4, 1983


Judgment unanimously reversed, with costs, petition granted and determination annulled.

Memorandum:

Transmation, Inc., the contract vendee under a purchase agreement covering the subject parcel, applied to respondent for a use variance. The 33-acre parcel has approximately eight acres zoned commercial, while the rest is zoned residential. Transmation sought a use variance permitting it to use the entire parcel for industrial purposes. The variance was granted...

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