Southold Town Code § 100-290 explicitly provided that the Town Board must cause notice of a public hearing on its own proposal to change zoning to be made pursuant to the provisions of the Town Law. The Town Board interpreted this provision as requiring that notice be published as required by Town Law §§ 264 and 265, and its interpretation of the provision was neither arbitrary, capricious, nor contrary to law ( see Matter of Rockbottom Stores v Zoning Bd. of Appeals of Town of Clarkstown, 237 AD2d 611). In any event, the plaintiffs receipt of actual notice of, and its appearance at, the public hearing constituted a waiver of the requirement that notice be given in strict accordance with the Southold Town Code ( see Woodside Estates Civic Assn. v Town of Brookhaven, 105 AD2d 744).
be detrimental to nearby properties; the benefit sought could be achieved by some method other than area variances; the requested variances were substantial; the requested variances would adversely effect the neighborhood's physical or environmental conditions; and, the petitioner's alleged difficulty was self-created (see, Town Law § 267-b[b]; Matter of Easy Home Program v. Trotta, supra; Matter of Baker v. Brownlie, 248 A.D.2d 527). Judicial review of the Board's determination is limited to ascertaining whether the Board's action was arbitrary and capricious, or illegal, or an abuse of discretion (see, Matter of Fuhst v. Foley, 45 N.Y.2d 441; Matter of Easy Home Program v. Trotta, supra; Matter of Smith v. Board of Appeals of Town of Islip, 202 A.D.2d 674; Matter of Brucia v. Planning Bd. of Town of Huntington, 157 A.D.2d 657). If the Board's determination is supported by substantial evidence and has a rational basis, it will not be disturbed (see, Matter of Fuhst v. Foley, supra; Matter of Rockbottom Stores v. Zoning Bd. of Appeals of Town of Clarkstown, 237 A.D.2d 611; Matter of Tarantino v. Zoning Bd. of Appeals of Town of Brookhaven, 228 A.D.2d 511). The record establishes that the Board properly applied Town Law § 267-b(3)(b) in considering the petitioner's application for area variances.