MATTER OF MacFARLANE v. TOWN OF CLAYTON PLANNING BD.


216 A.D.2d 860 (1995)

629 N.Y.S.2d 156

In the Matter of John MacFarlane, Appellant, v. Town of Clayton Planning Board, Respondent

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

June 9, 1995


Judgment unanimously reversed on the law without costs and petition granted in accordance with the following Memorandum: We agree with petitioner that the determination of respondent, Town of Clayton Planning Board (Planning Board), violated Town Law § 278. That section defines cluster development as "the modification of the applicable zoning ordinance or local law to provide an alternative permitted method of the development of such plat or plats to allow all of the...

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