Kessel v. Michaelis

This is a proceeding brought pursuant to article 78 of the Civil Practice Act to review and to annul a decision of the Board of Zoning Appeals of the Town of Hemp-stead. The intervenors-respondents are the owners of a parcel of land at Merrick, having a frontage of 464 feet on the south side of Merrick Boad and a depth of 180 feet, zoned for business uses to a depth of 100 feet, and for residential uses for the remaining 80 feet. They sought an extension of the business use for an additional 50 feet, as permitted by section P-1.3 of the Building Zone Ordinance which reads as follows: “ Sec.…