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MATTER OF WCC TANK TECH., INC. v. ZONING BD. OF APPEALS OF TOWN OF NEWBURGH, N.Y.

2019-00563. Index No. 6904/18.

190 A.D.3d 860 (2021)

140 N.Y.S.3d 237

2021 NY Slip Op 00313

In the Matter of WCC Tank Technology, Inc., et al., Appellants, v. Zoning Board of Appeals of the Town of Newburgh, New York, et al., Respondents.

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

Decided January 20, 2021.

Attorney(s) appearing for the Case

Larkin, Ingrassia & Tepermayster, LLP, Newburgh, NY ( William J. Larkin III of counsel), for appellants.

Dickover, Donnelly & Donovan, LLP, Goshen, NY ( David A. Donovan of counsel), for respondents.

Rivera, J.P., Hinds-Radix, Duffy and Brathwaite Nelson, JJ., concur.

Ordered that the judgment is affirmed, with costs.

The petitioner 2102 Partners, LLC (hereinafter 2102 Partners), is the owner of the subject property, and the petitioner WCC Tank Technology, Inc. (hereinafter WCC Tank), operates a fuel tank lining business on the subject property. The property is located in the AR (Agricultural Residence) Zoning District.

In 1982, the then-owner of WCC Tank applied for a use variance to operate a "fuel tank lining business...

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