Opinion
November 15, 1993
Appeal from the Supreme Court, Westchester County (Herold, J.).
Ordered that the judgment is reversed, on the law, with costs payable by the petitioners to the appellants, the determination is confirmed, and the proceeding is dismissed on the merits.
A zoning board determination should not be set aside unless there is a showing of illegality, arbitrariness, or abuse of discretion (see, Matter of Fuhst v Foley, 45 N.Y.2d 441, 444; Conley v Town of Brookhaven Zoning Bd. of Appeals, 40 N.Y.2d 309). Therefore, "the determination of responsible local officials * * * will be sustained if it has a rational basis and is supported by substantial evidence" (Matter of Fuhst v Foley, supra, at 444). We find that the Supreme Court erred in annulling the determination of the Zoning Board. The Board's determination that a skateboard ramp is a permitted accessory use because it is customarily incidental to the primary use, had a rational basis, and was not illegal, or arbitrary and capricious. Thompson, J.P., Rosenblatt, Miller and Ritter, JJ., concur.