After petitioner changed the use of the subject premises from residential to both residential and commercial by fencing off a garage and permitting it to be used as an accessory structure by a business conducted in an adjacent parcel, the zoning board denied his petition to establish a nonconforming use on the subject premises. The appellate court upheld the denial since a rational basis supported the determination that the land was impermissibly changed by the petitioner.
Prel 32 Realty, LLC v. Richard I. Scheyer, 2012 WL 2125876 (N.Y. A. D. 2 Dept. 6/13/2012)
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