Ordered that the judgment is reversed, on the law and the facts, with costs, the petition is granted, the determination of the Town of Oyster Bay Zoning Board of Appeals is annulled, and the matter is remitted to the Town of Oyster Bay Town Board to issue an appropriate building permit to the petitioner.
The petitioner, Emrey Properties, Inc. (hereinafter Emrey), owns property located in Massapequa, upon which is located a gas station and an auto repair shop. In 1990...
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