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DELMARCO v. ZONING BD. OF APPEALS OF THE TOWN OF BABYLON

165 A.D.2d 810 (1990)

Leon Delmarco, Respondent, v. Zoning Board of Appeals of the Town of Babylon et al., Appellants

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

September 10, 1990

Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, and the fifth and sixth decretal paragraphs of the judgment, which held that residential uses are permitted in the subject area so that no use variance is required for the proposed mixed residential and office use, are deleted.

The petitioner submitted to the Town of Babylon Planning Board a site plan modification to build a second story...

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