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SEAVIEW ASS'N OF FIRE ISLAND, N. Y., INC. v. ZONING BD. OF APPEALS OF THE TOWN OF BROOKHAVEN

53 A.D.2d 605 (1976)

Seaview Association of Fire Island, N. Y., Inc., Respondent, v. Zoning Board of Appeals of the Town of Brookhaven, Respondent, and Stanley Michaelson et al., Appellants. (Proceeding No. 1.) Stanley Michaelson et al., Appellants, v. Zoning Board of Appeals of the Town of Brookhaven, Respondent, and Seaview Association of Fire Island, N. Y., Inc., Respondent. (Proceeding No. 2.)

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

June 1, 1976

Judgment reversed, on the law, without costs or disbursements, and matter remanded to the zoning board of appeals for de novo consideration of the application for a special permit and for variances from front and side yard set-back and fence height requirements, and for the making of a new determination thereon.

Under the circumstances, the application for a special permit should either have been denied, or granted...

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