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MATTER OF WYMAN v. BRAMAN, SR.

298 A.D.2d 787 (2002)

750 N.Y.S.2d 655

In the Matter of JUDITH R. WYMAN et al., Appellants, v. JAY BRAMAN, SR., Constituting the Zoning Board of Appeals of the Town of Shandaken, et al., Respondents.

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

Decided October 31, 2002.

Kane, J.

In December 2000, respondent Crown Atlantic Company LLC, on behalf of itself and respondent Verizon Wireless, filed an application for a zoning permit to construct a 192-foot-high cellular tower on land owned by respondent Loren Umhay in a residentially zoned area along State Route 28 in the Town of Shandaken, Ulster County. The applicable section of the Town's zoning ordinance provides that such towers are not to exceed a height of 70 feet in the subject...

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