Faranda v. Schoepflin

This is a proceeding under article 78 of the Civil Practice Act in which the petitioner seeks to annul a determination of the Zoning Board of Appeals of the Town of Oyster Bay denying him a building permit to erect a home on lots substandard in area and width. Although the petitioner’s application is referred to as an application for a variance, it is clear that the petitioner seeks a building permit solely on the ground that lots 14 and 15 (on which he seeks to build) were held in single ownership, and that their ownership had not merged with the adjacent lots 11, 12 and 13.

*401The subject…