Appellate Division of the Supreme Court of the State of New York July 28, 2009 (Dolphin v. Zoning Board of Appeals of Town of Shelter Island)

In a proceeding pursuant to CELR article 78 to review so much of a determination of the Zoning Board of Appeals of the *778Town of Shelter Island, dated November 28, 2007, as, after a hearing, denied that branch of the petitioners’ application which was pursuant to section 133-23 (B) of the Town Code of the Town of Shelter Island for permission to restore more than 50% of the floor area of a