IN RE: Michael J. FAGAN (2008)

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals of the Town of Brookhaven, dated July 21, 2006, which, after a hearing, denied the petitioner's application for area variances, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Spinner, J.), dated June 4, 2007, which denied the petition and, in effect, dismissed the proceeding.

ORDERED that the judgment is affirmed, with costs.

Contrary to the petitioner's contentions, the findings and conclusions of the respondent Zoning Board of Appeals of the Town of Brookhaven (hereinafter the Board) were amply supported by the evidence in the record, and its determination to deny the substantial variances requested by the petitioner was not arbitrary and capricious (see Matter of Pecoraro v. Board of Appeals of Town of Hempstead, 2 N.Y.3d 608, 781 N.Y.S.2d 234, 814 N.E.2d 404;  Matter of Halperin v. City of New Rochelle, 24 A.D.3d 768, 809 N.Y.S.2d 98;  Matter of Tetra Bldrs. v. Scheyer, 251 A.D.2d 589, 674 N.Y.S.2d 764;  Matter of Becvar v. Scheyer, 250 A.D.2d 842, 673 N.Y.S.2d 210).   The Board properly considered and weighed the factors enumerated in Town Law § 267-b(3)(b) (see Matter of Sasso v. Osgood, 86 N.Y.2d 374, 633 N.Y.S.2d 259, 657 N.E.2d 254), and its reliance upon the specific, detailed testimony of a neighbor of the petitioner which was based on personal knowledge did not render the determination the product of generalized and conclusory community opposition (see Matter of Pecoraro v. Board of Appeals of Town of Hempstead, 2 N.Y.3d 608, 781 N.Y.S.2d 234, 814 N.E.2d 404;  Matter of Ifrah v. Utschig, 98 N.Y.2d 304, 746 N.Y.S.2d 667, 774 N.E.2d 732;  cf. Matter of 450 Sunrise Highway v. Town of Oyster Bay, 287 A.D.2d 714, 732 N.Y.S.2d 83;  Matter of Necker Pottick, Fox Run Woods Bldrs. Corp. v. Duncan, 251 A.D.2d 333, 673 N.Y.S.2d 740).   Similarly, the petitioner failed to present evidence to sustain his burden (see Matter of Campo Grandchildren Trust v. Colson, 39 A.D.3d 746, 749, 834 N.Y.S.2d 295) of demonstrating that the Board's determination was inconsistent with a prior determination based on “essentially the same facts” (Matter of North Shore F.C.P., Inc. v. Mammina, 22 A.D.3d 759, 761, 804 N.Y.S.2d 383).

The petitioner's remaining contentions are without merit.