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Decided on August 16, 2006
Supreme Court, Suffolk County

28151-05
Dranitzke, Lechtrecker, Trabold & Johnson Attorney for Petitioner 73 North Ocean Avenue Patchogue, New York 11772 Garrett W. Swenson, Esq. Chief Deputy Town Attorney One Independence Hill
Farmingville, New York
Peter H. Mayer, J.
The petitioner herein seeks review under CPLR 7804(e) of an adverse determination by the [*2]Town of Brookhaven Zoning Board of Appeals for an area variance application.
Petitioner is the owner of a parcel of property fronting on County Rd. 46 (Wm. Floyd Parkway), a four-lane highway located in Shirley, Town of Brookhaven, County of Suffolk. This parcel is vacant having a frontage of 102.20 feet on Wm. Floyd Parkway and a lot area of 12,695 sq. ft. At the time of the application the zoning requirements for the parcel mandated a minimum total lot size of 40,000 sq. ft. Accordingly, a single family residence cannot be constructed without an area variance.
An area variance involves matters such as setback lines, frontage requirements, lot size restrictions, density restrictions and yard requirements (In the Matter of Shadid U. Khan v. Zoning Bd. Of Appeals of the Village of Irvington, 87 NY2d 344).
A public hearing of the Zoning Board of Appeals was held on Aug. 24, 2005 concerning the area variance request. On October 26, 2005 the board voted unanimously to deny the application.
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