Centro Building Corp. v. Board of Zoning Appeals

This is a proceeding, pursuant to article 78 of the Civil Practice Act, to compel the respondent, the Board of Zoning Appeals of the Incorporated Village of Bast Hills, to hear and determine the application of the petitioner to be permitted to use certain premises as a gasoline service station.

The parcel in question is in a Business “ B ” District wherein a gasoline station is a permitted use provided a special exception is granted by respondent. Subdivision 12:2:2 of article XII of the Building Zone Ordinance requires, amongst other things, that any petition submitted to respondent for such…