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BBJ ASSOC. v. ZONING BD.

65 A.D.3d 154 (2009)

881 N.Y.S.2d 496

In the Matter of BBJ ASSOCIATES, LLC, Respondent, v. ZONING BOARD OF APPEALS OF TOWN OF KENT, Appellant.

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

Decided June 23, 2009.

Attorney(s) appearing for the Case

Van DeWater & Van DeWater, LLP, Poughkeepsie (Janis M. Gomez Anderson of counsel), for appellant.

Shamberg Marwell Davis & Hollis, P.C., Mount Kisco (John S. Marwell and Carrie E. Hilpert of counsel), for respondent.

RIVERA, J.P., MILLER and ENG, JJ., concur.

OPINION OF THE COURT

CHAMBERS, J.

The principal issue presented on this appeal is whether the Zoning Board of Appeals of the Town of Kent (hereinafter the Zoning Board) properly determined that a proposed road providing access to the petitioner's proposed multifamily senior citizen housing development was not a permitted use. We find that the Zoning Board's determination was proper.

I. Relevant Facts and...

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