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IN THE MATTER OF MAMARONECK BEACH & YACHT CLUB, INC. v. ZONING BD. OF APPEALS OF VIL. OF MAMARONECK

2007-01907.

2008 NY Slip Op 06157

IN THE MATTER OF MAMARONECK BEACH & YACHT CLUB, INC., ET AL., petitioners-respondents, v. ZONING BOARD OF APPEALS OF VILLAGE OF MAMARONECK, ET AL., appellants, ET AL., respondents.

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

Decided July 1, 2008.

Attorney(s) appearing for the Case

Silverberg Zalantis, LLP, White Plains, N.Y. (Katherine Zalantis and Steven M. Silverberg of counsel), for appellants Zoning Board of Appeals of Village of Mamaroneck, Mauro Gabriele, George Mgrditchian, Clark Neuringer, Peter Jackson, and Gregory Sullivan.

Steward E. Sterk, New York, N.Y., for appellant Leonard Aubrey, individually and as president of Shore Acres Property Owners Association.

Keane & Beane, P.C., White Plains, N.Y. (Joel H. Sachs and Eric L. Gordon of counsel), for petitioners-respondents.

Before: ROBERT A. LIFSON, J.P., ANITA R. FLORIO, DANIEL D. ANGIOLILLO, CHERYL E. CHAMBERS, JJ.

DECISION & ORDER

ORDERED that the judgment is affirmed insofar as appealed from, without costs or disbursements.

The petitioners own and operate a beach and yacht club on premises located in the Marine Recreation zoning district (hereinafter the MR District) of the Village of Mamaroneck. In January 2004 the petitioners submitted a site plan application to the Planning Board of the Village of Mamaroneck (hereinafter the Planning Board) which proposed...

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