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MATTER OF MECOX BAY CIVIC ASSN., INC. v. TOWN OF SOUTHAMPTON ZONING BD. OF APPEALS

2014-11596, Index No. 38195/12.

145 A.D.3d 725 (2016)

2016 NY Slip Op 08234

43 N.Y.S.3d 111

In the Matter of MECOX BAY CIVIC ASSOCIATION, INC., et al., Appellants, v. TOWN OF SOUTHAMPTON ZONING BOARD OF APPEALS et al., Respondents.

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

Decided December 7, 2016.

Ordered that the judgment is affirmed, with costs.

The Town of Southampton owns Mecox Bay Park, which includes approximately 10 acres and a single-story, 192-square-foot building. The building was constructed in 1939, prior to the enactment of any zoning provisions, and it fell into disrepair in the 1990s. In June 2012, the Town obtained a preexisting certificate of occupancy (hereinafter C/O) in order to rehabilitate the building for use as a storage shed for sailing...

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