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MATTER OF BARNES ROAD AREA NEIGHBORHOOD ASSOCIATION v. PLANNING BOARD OF THE TOWN OF SAND LAKE

533244.

206 A.D.3d 1507 (2022)

171 N.Y.S.3d 245

2022 NY Slip Op 04205

In the Matter of Barnes Road Area Neighborhood Association et al., Respondents, v. Planning Board of the Town of Sand Lake et al., Appellants.

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

Decided June 30, 2022.

Attorney(s) appearing for the Case

Ely Law, PLLC, West Sand Lake ( Scott J. Ely of counsel), for Planning Board of the Town of Sand Lake, appellant.

Gilchrist Tingley, PC, Troy ( Andrew W. Gilchrist of counsel), for Kenneth Bailey, appellant.

Law Office of Philip H. Dixon, Albany ( Philip H. Dixon of counsel), for respondents.

Garry, P.J., Egan Jr., Clark and McShan, JJ., concur.

Respondent Kenneth Bailey applied for a special use permit and site plan approval so that he could construct a barn on his property that would operate as a seasonal party venue. Following hearings, respondent Planning Board of the Town of Sand Lake (hereinafter the Board) issued resolutions adopting a negative declaration under the State...

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