Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits.
While the burden on an applicant for a special use permit is lighter than that carried by an applicant for a zoning variance, a town board still retains discretion to evaluate each application for a special use permit (see Matter of Retail Prop. Trust v Board of Zoning Appeals of Town of Hempstead...
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