Opinion
November 30, 1998
Appeal from the Supreme Court, Suffolk County (Gerard, J.).
Ordered that the amended judgment is affirmed, without costs or disbursements.
To annul an administrative determination made after a hearing, the court must conclude that the determination is not supported by substantial evidence on the record when read as a whole ( see, Matter of Lahey v. Kelly, 71 N.Y.2d 135). In Matter of Sasso v. Osgood ( 86 N.Y.2d 374), the Court of Appeals explained that in making a determination, a zoning board must "engage in a balancing test, weighing" the benefit to the applicant' against "the detriment to the health, safety and welfare of the neighborhood or community' if the area variance is granted" ( Matter of Sasso v. Osgood, supra, at 384, quoting Town Law § 267-b Town [3] [b]). The record demonstrates that the determination of the Zoning Board of Appeals of the Town of Islip was not supported by substantial evidence and that the benefit to the petitioner in approving his application outweighed the detriment to the health, safety, and welfare of the community (see, Town Law § 267-b Town [3] [b]; Matter of Fuhst v. Foley, 45 N.Y.2d 441, 444; Matter of Frank v. Scheyer, 227 A.D.2d 558; Matter of Marcello v. Humenik, 222 A.D.2d 677, 678; Cange v. Scheyer, 146 A.D.2d 594, 595).
Rosenblatt, J. P., Santucci, Altman and Friedmann, JJ., concur.