Opinion
July 5, 1994
Appeal from the Supreme Court, Nassau County (Robbins, J.).
Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed, and the proceeding is dismissed on the merits.
It is well settled that local zoning boards have substantial discretion in considering applications for such things as permits and variances. Judicial review of a zoning board determination is limited to deciding whether the action taken by the zoning board is illegal, arbitrary, or an abuse of discretion (see, Matter of Fuhst v. Foley, 45 N.Y.2d 441; Conley v. Town of Brookhaven Zoning Bd. of Appeals, 40 N.Y.2d 309). The zoning board's determination will ordinarily be sustained if the determination has a rational basis and if it is supported by substantial evidence (see, Matter of Fuhst v. Foley, supra, at 444).
The record in this case clearly establishes that the zoning board's determination is not arbitrary and capricious, that it is rationally based on the Code of the Village of Farmingdale, and that it is supported by substantial evidence (see, Human Dev. Servs. v. Zoning Bd. of Appeals, 110 A.D.2d 135, 139, affd 67 N.Y.2d 702; Matter of Fuhst v. Foley, 45 N.Y.2d 441, supra). Mangano, P.J., Altman, Hart and Florio, JJ., concur.