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MATTER OF SHEPARD v. ZONING BD. OF APPEALS OF THE CITY OF JOHNSTOWN

92 A.D.2d 993 (1983)

In the Matter of Robert C. Shepard, Respondent, v. Zoning Board of Appeals of the City of Johnstown, Appellant

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

March 10, 1983

Following preliminary approval by the City of Johnstown Planning Board, petitioner applied by letter dated July 24, 1981 to respondent for a special use permit to erect "garden type" apartments on property located in a "B" residence zone within the city. The necessity of this request was mandated by subdivision (2) of section 22-402 of the city's zoning ordinance, which permitted the erection of "garden type" apartments in "B" residence zones upon issuance of a special permit...

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