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

512181.

90 A.D.3d 1280 (2011)

934 N.Y.S.2d 599

2011 NY Slip Op 9064

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

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

Decided December 15, 2011.

PETERS, J.P.

Larry Place and his wife owned a 19-acre parcel of property in the Town of Oneonta, Otsego County. The property, located in a RA-40 zone wherein the permitted uses are primary residential and agricultural, contains a sand and gravel mine that has remained inactive for approximately 50 years. In 2007, Place applied for a use variance to permit mining on the property. After a hearing, respondent Zoning Board of Appeals of the Town of Oneonta (hereinafter...

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