Judgment unanimously reversed on the law without costs and petition granted.
Memorandum:
Supreme Court erred in dismissing the petition to annul a determination of respondent Zoning Board of Appeals of the Town of New Hartford (Zoning Board) that granted respondent Board of Water Supply of the City of Utica (Water Board) a special use permit to construct a three million gallon water storage tank in the Middle Grove subdivision in the Town of New Hartford....
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