109 Main Street Corp. v. Burns

This is a proceeding to review the determination of the respondent Town Board denying petitioner’s application for a gasoline station permit. The subject property lies in a “ G ” Business District in the unincorporated area of the Town of Oyster Bay. However, on March 13, 1956, a certain restrictive covenant was imposed upon it by certain individuals (whose interests are not revealed to the court), limiting the property to uses authorized in a Business ‘1 F ’ ’ Zone as prescribed by the Building Zone Ordinance of the Town of Oyster Bay.

The uses permitted in a “ G ” Business Zone are set forth…