MATTER OF AXINN v. TOWN OF NEWBURGH ZONING BD. OF APPEALS


233 A.D.2d 500 (1996)

650 N.Y.S.2d 284

In the Matter of Donald Axinn, Appellant, v. Town of Newburgh Zoning Board of Appeals, Respondent

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

November 25, 1996


Ordered that the judgment is affirmed, with costs.

In October 1992, the appellant applied to the Town of Newburgh Zoning Board of Appeals (hereinafter the Zoning Board) for three area variances to construct two buildings on property he owned on Union Avenue in Newburgh. The appellant proposed building one multi-tenant commercial structure and another structure to contain a Taco Bell restaurant. The variances were necessary because the lot for the multi-tenant building...

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