CARLOZZI v. BARLOW


120 A.D.2d 20 (1986)

In the Matter of William Carlozzi et al., Respondents, v. Francis Barlow et al., Constituting the Zoning Board of Appeals of The Town of Chester, Appellants

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

October 30, 1986


Attorney(s) appearing for the Case

Frederick H. Monroe, P. C. (James W. Cooper of counsel), for appellants.

Walter O. Rehm, III, for respondents.

MAHONEY, P. J., MAIN, MIKOLL and HARVEY, JJ., concur.


CASEY, J.

The issue presented by this appeal is whether the Zoning Board of Appeals of the Town of Chester in Warren County abused its discretion in denying petitioners' application for an area variance. Special Term held that the Zoning Board did abuse its discretion. We agree.

The property at issue, owned by petitioners, consists of .96 acre of land with 169 feet of frontage on the westerly side of...

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