MATTER OF FLANAGAN v. BD. OF ZONING APPEALS OF THE INC. VILL. OF BAYVILLE


36 A.D.2d 955 (1971)

In the Matter of Mary E. Flanagan et al., Respondents, v. Board of Zoning Appeals of the Incorporated Village of Bayville, Appellant

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

May 10, 1971


Judgment modified, on the law, by adding to the decretal paragraph thereof the following: "provided, however, that the variance as to the proposed westerly house shall require the westerly side yard thereof to be 20 feet, instead of the requested 13.6 feet". As so modified, judgment affirmed, without costs.

Under the circumstances of this case, we believe the above-mentioned side yard increase should be required in order to meet the requirements of the Residential...

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