Albini v. Board of Appeals

In this proceeding pursuant to article 78 of the Civil Practice Law and Buies, the petitioner prays for a judgment directing the issuance of a permit for the construction of a swimming pool on premises located on the north side of Grace Avenue and the east side of Chapel Place, Great Neck Plaza, Town of North Hempstead.

The subject property is in a Besidence “ D ” district wherein apartment houses are permitted. Although the return does not include the application to the Building Inspector, it appears that an application for permission to construct a swimming pool was denied on two grounds:…