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MATTER OF BEAUDIN v. TOWN OF ALEXANDRIA PLANNING BD.

233 A.D.2d 855 (1996)

649 N.Y.S.2d 278

In the Matter of Alcid Beaudin, Jr., Respondent-Appellant, v. Town of Alexandria Planning Board et al., Respondents, and Aquamania, Inc., et al., Appellants-Respondents

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

November 8, 1996

Judgment unanimously affirmed without costs.

Memorandum:

Aquamania, Inc., and Richard Merola (respondents) appeal from that part of a judgment of Supreme Court that granted the petition to annul the site plan approval obtained by respondents. We agree that the site plan approval should have been annulled, but for a reason different from that stated by the court. The area variance allegedly obtained by respondents in 1992 for the construction of a building...

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