Opinion
February 24, 1986
Appeal from the Supreme Court, Suffolk County (Pantano, J.).
Judgment reversed, on the law, with costs, determination confirmed, and proceeding dismissed on the merits.
Our review of the record indicates that the Board's denial of the variance had a rational basis. Thus, Special Term erred when it substituted its judgment for that of the Board and reversed the Board's determination. It is well established "that local zoning boards have discretion in considering applications for variances and the judicial function is a limited one. A zoning board determination should not be set aside unless there is a showing of illegality, arbitrariness or abuse of discretion * * * That is to say, the determination * * * will be sustained if it has a rational basis and is supported by substantial evidence" (Matter of Fuhst v. Foley, 45 N.Y.2d 441, 444). Lazer, J.P., Mangano, Bracken and Niehoff, JJ., concur.