Opinion
November 14, 1994
Appeal from the Supreme Court, Nassau County (Roberto, Jr., J.).
Ordered that the judgment is reversed, on the law, without costs or disbursements, the determination is confirmed, and the proceeding is dismissed on the merits.
An applicant for a special use permit must establish that the proposed use complies in all other respects with the zoning ordinance (see, Matter of Tandem Holding Corp. v. Board of Zoning Appeals, 43 N.Y.2d 801, 802; Multi-State Developers v Incorporated Vil. of Great Neck, 149 A.D.2d 414; Matter of CBS Realty v. Noto, 139 A.D.2d 645). Moreover, the Town Board is without authority to waive or modify any other conditions specified in the zoning ordinance, e.g., plot size, off-street parking, etc. (see, Matter of Commco, Inc. v. Amelkin, 62 N.Y.2d 260, 267; Multi-State Developers v. Incorporated Vil. of Great Neck, supra, 149 A.D.2d, at 415; Matter of CBS Realty v. Noto, supra, 139 A.D.2d, at 645). Therefore, the Town Board properly denied the petitioners' application for a special use permit since it is undisputed that the proposed use violated the applicable zoning ordinance. Sullivan, J.P., Ritter, Pizzuto and Hart, JJ., concur.