Zupa v. ZonIng Board of Appeals

— In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Southold dated September 14, 2006, that the proposed realignment of a nonconforming, pre-existing dock/ marina in accordance with the conditions set forth in a wetlands permit issued by the Board of Trustees of Town of Southold does not constitute a change that would render inapplicable the provisions of Southold Town Code § 280-121(A) governing nonconforming uses, the petitioners appeal from a judgment of the Supreme Court, Suffolk County (Weber, J.), dated August 13, 2007,…