MATTER OF DITTMER v. EPSTEIN


34 A.D.2d 675 (1970)

In the Matter of Henry R. Dittmer, Respondent, v. Benjamin R. Epstein et al., Constituting The Board of Appeals of the Incorporated Village of Ocean Beach, et al., Appellants

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

April 20, 1970


Judgment affirmed, without costs.

The evidence adduced at the hearing before the Board of Appeals demonstrates conclusively (1) that the subject lot on which petitioner wishes to build a one-family residence has been held in single and separate ownership since prior to the enactment of the zoning ordinance and (2) that there is no feasible use for the lot other than the construction of a home thereon. This being so, the board's insistence on frontage requirements...

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