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Mounted Hydrovac Equipment/Zoning: Supreme Court of the State of New York (Appellate Division) Addresses Request for Permitted Use | Mitchell, Williams, Selig, Gates & Woodyard, P L L C

The Supreme Court of the State of New York Appellate Division (Second Judicial Department) (“Court”) addressed in a January 20th Order a zoning issue associated with the storage of vehicles with mounted hydrovac equipment. See I n the Matter of WCC Tank Technology, Inc., et al., v. Zoning Board of Appeals of the Town of Newburgh, New York, et al. 2019-00563. The zoning at issue involved the Town of Newburgh, New York (“Town”). 2102 Partners, LLC (“2102 Partners”), owns property in the Town. It operates a fuel tank lining business on the property. The property is zoned Agricultural Residence. The Zoning Board of Appeals (“Board”) of the Town denied 2102 Partners’ application for an interpretation that the indoor parking and storage of vehicles with mounted hydrovac equipment is a permitted use pursuant to a 1982 use variance. In the alternative, it requested a use variance.

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