MATTER OF JONES v. ZONING BOARD OF APPEALS OF TOWN OF ONEONTA


61 A.D.3d 1299 (2009)

___ N.Y.S.2d ___

In the Matter of RODNEY JONES et al., Appellants, v. ZONING BOARD OF APPEALS OF TOWN OF ONEONTA et al., Respondents.

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

Decided April 30, 2009.


PETERS, J.P.

Respondent Larry Place inherited property adjacent to petitioners in the Town of Oneonta, Otsego County. Both properties are in a RA-40 zone, wherein the permitted uses are largely residential and agricultural. Place's property contains a half-century-long inactive and unreclaimed sand and gravel mine. In February 2007, Place applied for a special use permit to allow mining on the property, which was denied. He thereafter applied to respondent Zoning...

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