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MATTER OF BOND v. ZONING BOARD OF APPEALS OF TOWN OF EAST HAMPTON

272 A.D.2d 612 (2000)

708 N.Y.S.2d 635

In the Matter of BEVERLY S. BOND, Respondent-Appellant, v. ZONING BOARD OF APPEALS OF TOWN OF EAST HAMPTON, Appellant-Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 30, 2000.

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

The determination of the Zoning Board of Appeals of the Town of East Hampton (hereinafter ZBA) to deny the petitioner's amended application for a wetlands setback variance and a natural resources special permit was arbitrary and capricious and not supported by substantial evidence (see, Town Law § 267-b [3] [b]; Matter of Sasso v Osgood, 86 N.Y.2d 374

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