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MATTER OF LERNER v. TOWN BD. OF THE TOWN OF OYSTER BAY

244 A.D.2d 336 (1997)

663 N.Y.S.2d 661

In the Matter of Eleanor Lerner et al., Respondents, v. Town Board of the Town of Oyster Bay et al., Appellants

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

November 3, 1997

Ordered that the judgment is affirmed, with costs.

The petitioners seek to construct a 116,716 square foot retail warehouse and a 40,800 square foot, 14-screen, 3,000 seat multiplex theater. The subject property is a 23.59 acre parcel in an industrial district zoned for light industry. It is currently being utilized as a drive-in movie theater with three screens. The project would require no variances for setbacks or parking. The two buildings would be approximately...

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