IN THE MATTER OF PARSONS v. ZONING BOARD OF APPEALS


4 A.D.3d 673 (2004)

771 N.Y.S.2d 731

In the Matter of PATRICIA PARSONS, Respondent, v. ZONING BOARD OF APPEALS et al., Appellants.

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

February 19, 2004.


Peters, J.P.

Petitioner lived across the street from a general store located in the hamlet of Bovina Center, Delaware County, which was operated for many years by Marjorie Russell until its transfer to the Historical Society of the Town of Bovina. According to the provisions of the local zoning ordinance, the general store is a preexisting special use.

When the Town Enforcement Officer did not require a building permit or a site plan/special use permit before...

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