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eBook details

• Title: Matter Dominick Tantalo v. Zoning Board Appeals Town Seneca Falls Et Al.
• Author : Supreme Court of New York
• Release Date : January 13, 1973
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

Judgment unanimously reversed, without costs, and matter remitted to the Zoning Board of Appeals for further proceeding in accordance with the following memorandum: On the ground that adjoining property was being used as a landfill and dump, respondent Smith, who had contracted to sell his 50-plus acres of farm land to respondent Klionsky on condition that a variance be obtained for special use of the property, applied for a variance to permit its use as a landfill and dump; and after a hearing thereon respondent Zoning Board of Appeals granted the variance. It appears that in 1955 respondent Smith acquired this property (then part of a 110-acre farm) and used it for a few years for farming purposes. Under a contract with one of Smiths neighbors, respondent Klionsky began using the neighbors land for a landfill and dump. That contract extends through 1974 with a one-year renewal provision. In 1967 Smith sold about 60 acres from his farm to a canning company. In 1969 the town enacted a zoning ordinance placing Smiths remaining 50-plus acres in an A-1 (Agricultural) zone. In 1972 Smith contracted to sell this remaining farm acreage to respondent Klionsky, the contract being subject to the condition that a variance be obtained for use of the property for landfill and dump purposes. In granting the variance the Zoning Board of Appeals recognized that the land was [43 A.D.2d 793 Page 794]

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