Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is granted, the resolution is annulled, and the proceeding is remitted to the Town Board of the Town of Hempstead for the purpose of issuing the special exception permit requested by the petitioner, subject to any conditions or restrictions as may be appropriate.
Unlike a variance, a "special permit" or "special exception" allows an owner to use the subject property in...
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