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In the Matter of CAROLLA DOST et al., Appellants, v. MARIA CHAMBERLAIN-HELLMAN, Respondent.

Ordered that the order and judgment is affirmed, with costs.

An applicant for a special use permit must establish that the proposed use complies in all other respects with the zoning ordinance ( see, Matter of Tandem Holding Corp. v Board of Zoning Appeals, 43 NY2d 801; Matter of Vergata v Town Bd., 209 AD2d 527; Matter of CBS Realty v Noto, 139 AD2d 645). The respondent Zoning Board of Appeals of the Village of Grand View-on-Hudson (hereinafter the Board) does not have authority to waive or modify any conditions set forth in the ordinance, e.g., maximum square footage for home occupation, hours of operation, etc. ( see, Matter of Commco, Inc. v Amelkin, 62 NY2d 260). Failure to meet any one of the conditions set forth in the ordinance warrants a denial of the special permit application ( see, Matter of Wegmans Enters, v Lansing, 72 NY2d 1000; Matter of Catabro v Town of Oyster Bay Zoning Bd. of Appeals, 198 AD2d 274). The record here reveals that the petitioners' plans for their proposed use of the premises violated provisions of the applicable zoning ordinances. Therefore, the Board properly denied the petitioners' application for a special use permit.

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IN RE CAROLLA DOST
(Feb 10, 1997)