7-11 Tours, Inc. v. Board of Zoning Appeals

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning Appeals of the Town of Smithtown “that rental on a permanent basis [of] a motel room to a travel agency is not a permitted use in conjunction with the primary use — motel”, petitioner appeals from a judgment of the Supreme Court, Suffolk County (Jaspan, J.), dated February 25, 1981, which denied the petition. Judgment affirmed, without costs or disbursements. As a matter of law, a travel agency could not be considered an accessory use to a motel unless its services were restricted to the guests of the…