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IN THE MATTER OF ROSEWOOD HOME BUILDERS, INC. v. ZONING BOARD OF APPEALS OF THE TOWN OF WATERFORD

17 A.D.3d 962 (2005)

794 N.Y.S.2d 152

In the Matter of ROSEWOOD HOME BUILDERS, INC., Appellant, v. ZONING BOARD OF APPEALS OF THE TOWN OF WATERFORD et al., Respondents.

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

April 28, 2005.

Mercure, J.P.

Petitioner is the developer of a residential subdivision in the Town of Waterford, Saratoga County. Due to an error by one of petitioner's subcontractors or its surveyor, the two-unit townhouse constructed on lot 70 of the subdivision was situated 2.5 feet from the property line between lots 70 and 71, and 22.5 feet from the townhouse structure on lot 71. This error resulted in noncompliance with Waterford Town Code § 161-55, which requires that...

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