MATTER OF PLANNING BD. OF THE TOWN OF NORTH ELBA v. ZONING BD. OF APPEALS OF THE TOWN OF NORTH ELBA


79 A.D.2d 766 (1980)

In the Matter of The Planning Board of the Town of North Elba et al., Appellants, v. Zoning Board of Appeals of the Town of North Elba et al., Respondents

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

December 11, 1980


Wolfgang and Ulrich Schachenmayr own adjoining lots on Mirror Lake in the Town of North Elba, Essex County, New York. Under a land use code, which included zoning regulations enacted by the town on July 12, 1977, each of these lots was a pre-existing nonconforming parcel. Neither lot had the minimum required area or width. However, under the code, owners are entitled to improve nonconforming lots so long as the yard and setback provisions of the code are complied

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