Decision of State Supreme Court upholding the decision of a zoning board of appeals which included lands underwater in calculating the area of a lot and therefore the permitted floor area ratio (FAR) of the structure placed on the lot. This decision is being posted now as the decision was affirmed this week by the Appellate Division of the New York State Supreme Court without comment on the specific findings of the court below. The Appellate Division decision will be posted on J.D Supra as well and also can be found at http://www.courts.state.ny.us/reporter/3dseries/2010/2010_02951.htm.
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