MATTER OF BD. OF COMM'RS OF GREAT NECK PARK DIST. v. BD. OF ZONING & APPEALS OF TOWN OF NORTH HEMPSTEAD


188 A.D.2d 464 (1992)

In the Matter of Board of Commissioners of Great Neck Park District, Respondent, v. Board of Zoning and Appeals of Town of North Hempstead, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 7, 1992


Ordered that the judgment is affirmed, without costs or disbursements.

Contrary to the appellant's contention, we find that the proposed conversion of a retail store to a Chinese food take-out restaurant constituted a change of a nonconforming use for which a variance was required under the town's zoning ordinance (see, North Hempstead Code § 70-208; Town of Somerset v Perry, 115 A.D.2d 313, affd

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