MATTER OF SUNSET SANIT. v. BD. OF ZONING APP

Ordered that the order is affirmed, without costs or disbursements.

Subsequent to the close of the public hearing on the petitioner's application, the appellants received a Planning Advisory Report from the Town of Smithtown Planning and Community Development Department. This report gave a highly negative evaluation of the petitioner's application, and in addition, set forth factual allegations in support of the conclusion that the petitioner's facility "may be more appropriately classified as a junkyard than a non-nuisance industry". Because the petitioner was not given the opportunity to rebut the new evidence contained in the report, which evidence was expressly relied upon by the appellants, the trial court properly ordered a rehearing in this matter (see, Stein v. Board of Appeals, 100 A.D.2d 590; see also, 2 Anderson, New York Zoning Law and Practice § 25.14 [3d ed]). Lawrence, J.P., Harwood, Rosenblatt and O'Brien, JJ., concur.