Order reversed, without costs, on the dissenting opinion at the Appellate Division and judgment granted to appellants declaring valid the rezoning resolution in question in accordance with the conditions and distinctions contained therein.
I agree with the majority that Special Term's construction of the phrase "lot area", excluding as it did the 13 acres of sloping land, was erroneous. However, I would otherwise affirm the order of the Appellate Division. In the posture that this case comes to us, the issue of whether the intervenors' property was validly reclassified is essentially factual and nonreviewable in this court. The applicable section of the zoning ordinance requires that before the Town Board act, the town engineer approve the proposed sewage system and the evidence of this approval be satisfactory to the Town Board. Whether that approval had been obtained and whether
Order reversed, etc.