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MATTER OF ZALE v. BD. OF ZONING & APPEALS OF THE TOWN OF NORTH HEMPSTEAD

42 A.D.2d 784 (1973)

In the Matter of Theodore R. Zale, Appellant, v. Board of Zoning and Appeals of the Town of North Hempstead, Respondent

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

July 30, 1973

Judgment affirmed, without costs, on the opinion at Special Term.

Gulotta, J., concurs in the result, with the following memorandum:

I concur, but only on the limited ground that petitioner was not entitled to a variance from the parking requirements on the showing made. I think the proposed building does not violate the height limitations and that it was erroneous to judge its height from Water Mill Lane (also known as Cutter Mill Road), a street...

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