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MATTER OF KOWALCZYK v. TOWN OF AMSTERDAM ZONING BOARD OF APPEALS

512553.

95 A.D.3d 1475 (2012)

944 N.Y.S.2d 660

2012 NY Slip Op 3697

In the Matter of STEPHEN KOWALCZYK et al., Appellants, v. TOWN OF AMSTERDAM ZONING BOARD OF APPEALS, Respondent, et al., Respondents. (Proceeding No. 1.) In the Matter of STEPHEN KOWALCZYK et al., Appellants, v. TOWN OF AMSTERDAM PLANNING BOARD, Respondent, et al., Respondents. (Proceeding No. 2.)

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 10, 2012.

SPAIN, J.

Petitioners and respondents David Kaczkowski and Sylvia Kaczkowski own adjoining parcels of property in a residentially zoned district in the Town of Amsterdam, Montgomery County. The Kaczkowskis acquired their property in 2004 and operate a junkyard as a preexisting nonconforming use that predates the Town's 1972 enactment of zoning, which did not permit such use in a residential zone. In 2007, the Kaczkowskis...

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