MATTER OF STICKS AND STONES HOLDING, LLC v. ZONING BD. OF APPEALS OF THE TOWN OF MILTON

534300.

207 A.D.3d 855 (2022)

171 N.Y.S.3d 266

2022 NY Slip Op 04343

In the Matter of Sticks and Stones Holding, LLC, Appellant, v. Zoning Board of Appeals of the Town of Milton, Respondent.

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

Decided July 7, 2022.


Attorney(s) appearing for the Case

John W. Sutton , Galway, for appellant.

Tabner, Ryan & Keniry, LLP, Albany ( William J. Keniry , of counsel), for respondent.

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


At a July 2020 foreclosure sale, petitioner purchased a 3-acre parcel of real property that contained a "dilapidated double wide mobile home" and multiple human burial sites. Petitioner sought an area variance from the 5-acre minimum lot requirement to allow it to construct a new 2,500-square-foot, single-family home. Throughout the hearing...

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