Tobin v. Waters

This is a proceeding brought pursuant to article 78 of the Civil Practice Act to review a determination of the Town Board of the Town of Oyster Bay. Biltmore Beach Club, Inc., filed a petition on September 14, 1956 requesting permission to erect “ an addition to the existing structure for the purpose of recreation”. Such application was made under the provisions of subdivision (11) of section D-l of article VI of the Building Zone Ordinance which permits, in a “ D ” residence district, a “private club when authorized by the Town Board, as a special exception, after a public hearing ”.…