MATTER OF JENASAQUA REALTY HOLDING CO. v. LUCHSINGER


48 A.D.2d 852 (1975)

In the Matter of Jenasaqua Realty Holding Company, Appellant, v. John F. Luchsinger et al., Constituting The Planning Board of the Town of Brookhaven, et al., Respondents

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

June 9, 1975


Judgment reversed, on the law, without costs, and petition granted to the extent of annulling the planning board's determination and directing the planning board to approve the site plan.

Petitioner's property is concededly in a J Business 2 district, and, under section 85-109 of the Zoning Ordinance of the Town of Brookhaven, the maximum front yard that can be required is 35 feet. There is no authority for the planning board to require petitioner's site plan to have...

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