MATTER OF McCARTHY v. ZONING BOARD OF APPEALS OF THE TOWN OF NISKAYUNA


283 A.D.2d 857 (2001)

724 N.Y.S.2d 798

In the Matter of FE TERESA J. McCARTHY, Appellant, v. ZONING BOARD OF APPEALS OF THE TOWN OF NISKAYUNA et al., Respondents.

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

Decided May 24, 2001.


Mugglin, J.

In June 1971, the Town of Niskayuna, Schenectady County, presumptively adopted a zoning ordinance which, inter alia, required that professional buildings in R-2 zones abut on and access major and minor arterial highways. In furtherance of her plan to build a medical office building in an R-2 zone on Troy Road, petitioner applied for variances from the driveway spacing requirements and the requirement that professional buildings have access to major...

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