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MATTER OF GREGORY v. ZONING BOARD OF APPEALS OF THE TOWN OF SOMERS

270 A.D.2d 419 (2000)

704 N.Y.S.2d 638

In the Matter of HELEN GREGORY et al., Respondents, v. ZONING BOARD OF APPEALS OF THE TOWN OF SOMERS et al., Appellants.

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

Decided March 20, 2000.

Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed, and the proceeding is dismissed on the merits.

The petitioners requested an area variance to build a single-family residence on a parcel of land in the Town of Somers which lacked frontage on a Town road. The parcel had frontage on a privately-owned dirt road, which it shared with three other single-family residences. The dirt...

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