IN THE MATTER OF POLSEN v. ROSENBERG

ORDERED that the judgment is reversed, on the law, with one bill of costs payable to the appellants appearing separately and filing separate briefs, the petition is denied, the determination is confirmed, and the proceeding is dismissed on the merits.

Contrary to the determination of the Supreme Court, we find that the denial of the requested area variances was not arbitrary and capricious. The Board of Zoning Appeals for the Village of Dobbs Ferry (hereinafter the Board) properly considered all of the factors set forth in Village Law § 7-712-b(3)(b). The Board's determination that the detriment to the community would outweigh the benefit to the petitioners if the variances were granted is supported by substantial evidence in the record and has a rational basis (see Matter of Sasso v. Osgood, 86 N.Y.2d 374; Matter of David Park Estates v. Trotta, 283 A.D.2d 429). The determination, therefore, should not have been disturbed (see Matter of Fuhst v. Foley, 45 N.Y.2d 441).

RITTER, J.P., GOLDSTEIN, FRIEDMANN and LUCIANO, JJ., concur.