MATTER OF CHEESMAN v. ZONING BD. OF APPEALS OF THE INC. VILL. OF BABYLON


31 A.D.2d 836 (1969)

In the Matter of Thomas J. Cheesman, Respondent, v. Zoning Board of Appeals of the Incorporated Village of Babylon, Appellant

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

February 24, 1969


Judgment modified, on the law, (1) by striking from the decretal paragraph thereof the provision that the hearing shall be based on the premise that the 50-foot minimum frontage requirement of the ordinance of 1961 is not effective as to petitioner's premises and (2) by providing in lieu thereof that the hearing shall be on the issue whether the variance sought by petitioner should be granted under the general power conferred on appellant by section 179-b of the Village Law...

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