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Boathouse Not an Impermissible Second Dwelling
Matter of Guttman v. Covert Town Board, 2023 WL 8865482, AppDiv, Fourth Dept. (memorandum opinion)
In neighbors' article 78 proceeding, neighbors appealed from Supreme Court's judgment upholding the town board's determination that a deck addition did not violate the town's setback requirements, and landowner appealed from Supreme Court's judgment granting the petition to invalidate the board's determination that a bunkhouse did not violate a prohibition on a second dwelling. The Appellate Division modified to reinstate the board's determination in its entirety, holding that neither of the board's determinations was irrational.
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