[Download] "Matter Chester Bornscheuer v. Joseph S. Corbett Et Al." by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Matter Chester Bornscheuer v. Joseph S. Corbett Et Al.
- Author : Supreme Court of New York
- Release Date : January 30, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
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[6 A.D.2d 835 Page 835] Appeal from an order which directed that the application to the appellant Board of Zoning Appeals for a variance be remitted
to the said board for the purpose of holding another hearing and to permit the said board to determine the correctness of
a certain ruling of the appellant building inspector. Order reversed, with $10 costs and disbursements, and proceeding dismissed,
without costs. Section 408 of the Building Zone Ordinance of the Town of Brookhaven, which limits the height of fences that
may be erected on side-lot lines in the "B" residence district to 6 feet along the portion which is to the rear of the rear-foundation
line of the dwelling and to 4 feet with respect to the frontyard line, was first enacted in 1954. It is admitted in the petition
that thereafter, and on July 15, 1957, the respondent erected a wood fence of a height of 6 feet along the entire length of
one of the side-lot lines of his property in this district. About a month later the appellant building inspector informed
the respondent that no permit for the construction of the fence had been issued, and that a permit could not have been issued
for a fence of such height, in view of the said provision of the ordinance. Respondent then applied to the appellant board
for a variance. At the hearing upon the application, no evidence was adduced of a nature which would support the granting
of [6 A.D.2d 835 Page 836]