PECONIC BAY BROAD. CORP. v. BD. OF APPEALS, TOWN OF SOUTHAMPTON


99 A.D.2d 773 (1984)

Peconic Bay Broadcasting Corp., Appellant, v. Board of Appeals, Town of Southampton, Respondent

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

February 14, 1984


Judgment affirmed, with costs.

At issue is the propriety of an administrative determination denying petitioner's application for permission to construct a radio transmission tower on property situated in a CR-80 residential district. In accordance with section 69-6E (subd C, par [10]) of the Zoning Ordinance of the Town of Southampton, a public utility structure or right of way is permitted in a CR-80 zone by way of special exception permit. In all residential and...

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