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MATTER OF BULL RUN PROPERTIES, LLC v. TOWN OF CORNWALL ZONING BOARD OF APPEALS

50 A.D.3d 683 (2008)

855 N.Y.S.2d 585

In the Matter of BULL RUN PROPERTIES, LLC, Appellant, v. TOWN OF CORNWALL ZONING BOARD OF APPEALS, Respondent.

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

Decided April 1, 2008.

Ordered that the judgment is affirmed, with costs.

The petitioner sought to subdivide one of its lots into two lots, which required obtaining area variances from zoning law requirements for lot area, lot width, and front-and rear-yard setbacks. When undivided, the lot was legally nonconforming in that it deviated from the zoning law in terms of net area by .39 acres. If divided, the lots would deviate from the requirement...

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