In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Brookhaven, dated March 31, 2003, which, after a hearing, denied the petitioner’s application for certain area variances, the petitioner appeals from an judgment of the Supreme Court, Suffolk County (Klein, J.), dated September 3, 2003, which denied the petition and dismissed the proceeding.
Ordered that the judgment is affirmed, with costs.
The criteria for determining an application for an area vari
The Zoning Board of Appeals of the Town of Brookhaven (hereinafter the Board) properly applied Town Law § 267-b (3) (b) in considering the petitioner’s application for area variances, and its determination denying those variances was neither arbitrary nor capricious; to the contrary, it was rational and supported by substantial evidence (see Matter of Mealie v Board of Zoning Appeals of Town of Brookhaven, 14 AD3d 703, 704 [2005]; Matter of Milburn Homes v Trotta, supra; Matter of Inguant v Board of Zoning Appeals of Town of Brookhaven, 304 AD2d 831 [2003]; Matter of David Park Estates v Trotta, supra).
The petitioner’s further contention that the determination was arbitrary and capricious because the Board failed to issue its specific findings and determination until after the instant proceeding was commenced is without merit (see Matter of Warren v Harris, 179 AD2d 660 [1992]; 215 E. 72nd St. Corp. v Klein, 58 AD2d 751 [1977]). Schmidt, J.P., Krausman, Crane and Fisher, JJ., concur.
