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MATTER OF SILHANEK v. ZONING BOARD OF APPEALS OF THE TOWN OF GUILDERLAND

36 A.D.3d 1184 (2007)

826 N.Y.S.2d 918

In the Matter of SUE ANN KING SILHANEK, Formerly Known as SUE ANN KING, et al., Appellants, v. ZONING BOARD OF APPEALS OF THE TOWN OF GUILDERLAND, Respondent.

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

Decided January 25, 2007.

Crew III, J.

Petitioners are the owners of real property located in the Town of Guilderland, Albany County. The property is bisected by a branch of the Normanskill Creek to the west and a ditch watercourse to the north. Section 280-29 (F) of the Guilderland Zoning Ordinance imposes certain setback requirements for any living structure located near such bodies of water, to wit, 30 feet from the angle of repose as defined...

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