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MATTER OF BONDED CONCRETE, INC. v. ZONING BOARD OF APPEALS OF THE TOWN OF SAUGERTIES

268 A.D.2d 771 (2000)

702 N.Y.S.2d 184

In the Matter of BONDED CONCRETE, INC., Appellant, v. ZONING BOARD OF APPEALS OF THE TOWN OF SAUGERTIES et al., Respondents.

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

Decided January 13, 2000.

Spain, J.

Petitioner owns a plot of vacant land in the Town of Saugerties, Ulster County, in an industrial zoned district. In June 1998 it applied to the Town's Building Inspector for a certificate of occupancy to place and operate portable concrete batch equipment on this property to produce concrete (see, Town of Saugerties Zoning Law § 6.3 [c]). The production of concrete is a permitted use in this industrial district under the Town's Zoning Law (

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