Opinion
Argued December 13, 1999
February 10, 2000
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Zoning Appeals of the Town of Brookhaven, which, after a hearing, granted the application of T S Builders, Inc., for an area variance, the petitioners appeal from a judgment of the Supreme Court, Suffolk County (Berler, J.), dated September 25, 1998, which denied the petition and dismissed the proceeding.
Peter C. Walsh, Sound Beach, N.Y., for appellants.
Annette Eaderesto, Town Attorney, Medford, N.Y. (Barbara M. Wiplush of counsel), for respondents Town of Brookhaven, Board of Zoning Appeals of the Town of Brookhaven, and Frank C. Trotta.
Scheyer Jellenik, Smithtown, N.Y. (Richard I. Scheyer of counsel), for respondent T. S. Builders, Inc.
DANIEL W. JOY, J.P., MYRIAM J. ALTMAN, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.
The determination of the respondent Board of Zoning Appeals of the Town of Brookhaven was rendered after reviewing environmental considerations, and balancing the factors enumerated in Town Law § 267-b Town(3) (see, Matter of Sasso v. Osgood, 86 N.Y.2d 374 ). The determination was supported by substantial evidence, and was not arbitrary, capricious, illegal, or an abuse of discretion (see,Matter of Allt v. Zoning Bd. of Appeals of Town of Hyde Park, 255 A.D.2d 311 ; Matter of Feldi v. Amster, 250 A.D.2d 612 ).