MATTER OF FIRST WESTMINSTER PRESBYTERIAN CHURCH v. CITY COUNCIL OF THE CITY OF YONKERS


57 A.D.2d 556 (1977)

In the Matter of First Westminster Presbyterian Church, Respondent, v. City Council of the City of Yonkers, Appellant, et al., Intervenor-Respondent

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

April 4, 1977


Judgment affirmed, with one bill of costs payable by appellant to petitioner-respondent.

The Zoning Ordinance of the City of Yonkers permits a parish house in an S-50 single-family residence district as a special exception use (§ 107-19 [tables 107-1, 107-2]). On September 15, 1975 petitioner applied to the zoning board of appeals for such a permit. Planning board approval was obtained on its finding that "it will not adversely affect neighboring properties nor...

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