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BAYSWATER v. PLANNING BD.

149 A.D.2d 49 (1989)

In the Matter of Bayswater Realty & Capital Corp., Respondent, v. Planning Board of the Town of Lewisboro, Appellant

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

August 7, 1989

Attorney(s) appearing for the Case

Charles B. McGroddy, III, for appellant.

Shamberg Marwell Cherneff & Hocherman, P. C. (Henry M. Hocherman and Geraldine N. Lewis of counsel), for respondent.

Terry Rice for New York Planning Federation, amicus curiae.

BROWN, J. P., KUNZEMAN, EIBER and KOOPER, JJ., concur.

Per Curiam.

The petitioner Bayswater Realty & Capital Corporation (hereinafter Bayswater) is the owner of a 226.99-acre parcel of land situated on the north side of Route 35 in the Town of Lewisboro, New York. In 1984, Bayswater applied to the Lewisboro Town Planning Board seeking approval of a proposed conventional subdivision plat containing approximately 142 lots, which plat did not provide for any land to be set aside...

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