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MATTER OF O'CONNELL v. ZONING BOARD OF APPEALS OF THE TOWN OF NEW SCOTLAND

267 A.D.2d 742 (1999)

699 N.Y.S.2d 775

In the Matter of JOHN O'CONNELL et al., Appellants, v. ZONING BOARD OF APPEALS OF THE TOWN OF NEW SCOTLAND et al., Respondents.

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

Decided December 16, 1999.

Spain, J.

Michael Tuzzolo is the owner of real property located in the residential agricultural zoning district of the Town of New Scotland, Albany County, where he has operated a trucking and excavating business essentially since 1969. Upon notification in March 1997 that this business was not a permitted use in this zoning district, Tuzzolo applied to respondent Zoning Board of Appeals of the Town of New Scotland for a use variance to allow him to continue his business...

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