Saitta v. Malone

Application for an order pursuant to article 78 of the Civil Practice Act annulling the determination of the respondent Board of Appeals and directing the issuance of a permit to erect a gasoline station on the petitioners’ premises at the southeast corner of North Main Street and Forest Avenue in the Incorporated Village of Freeport is denied.

The court has examined the record of the hearing held by the respondent board and finds that the evidence submitted would not support a variance of the zoning regulations affecting the petitioners’ premises. To obtain a variance a property owner must…