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MATTER OF CLARKE v. TOWN OF SAND LAKE ZONING BOARD OF APPEALS

52 A.D.3d 997 (2008)

860 N.Y.S.2d 646

In the Matter of NANCY A. CLARKE, Appellant, v. TOWN OF SAND LAKE ZONING BOARD OF APPEALS et al., Respondents.

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

Decided June 12, 2008.

Kane, J.

Petitioner owns property in the Town of Sand Lake, Rensselaer County adjacent to lakefront property owned by respondents Richard P. Morris and Diane Y. Morris. The Morrises' predecessor in interest obtained approval from the Town Planning Board, as required under local zoning provisions dealing with scenic preservation areas, for construction of a house that was closer to the lake than permitted by the setback requirements of the zoning ordinance. Their predecessor...

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