Ordered that the judgment is reversed, on the law, the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.
An applicant for a special use permit must establish that the proposed use complies with the zoning ordinance (see, Matter of Tandem Holding Corp. v. Board of Zoning Appeals, 43 N.Y.2d 801, 802; Wisoff v. Amelkin, 123 A.D.2d 623, 624). However, in this case, it is undisputed that the uses are not in compliance with the off-street parking requirements of the zoning code. Since the Town Board had relinquished its right to grant variances to the Zoning Board of Appeals it lacks the authority to waive or modify the conditions specified in the code (see, Matter of Commco, Inc. v. Amelkin, 62 N.Y.2d 260, 267; Jaffe v. Burns, 64 A.D.2d 692). Consequently, the petitioner was not entitled to the special exceptions requested. Mollen, P.J., Mangano, Brown and Harwood, JJ., concur.