Otto v. New York State Adirondack Park Agency

—Graffeo, J.

Appeal from a judgment of the Supreme Court (Demarest, J.), entered July 25, 1997 in Franklin County, which granted petitioner’s application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to annul a determination of respondent finding that petitioner’s boathouse is in violation of respondent’s shoreline setback regulation.

In July 1984, petitioner erected a two-story structure at the shoreline of his property located on Clear Pond in the Town of Franklin, Franklin County. The first floor was utilized to store boats and boating equipment,…