Opinion
March 2, 1987
Appeal from the Supreme Court, Nassau County (Kutner, J.).
Ordered that the judgment is affirmed insofar as appealed from, with costs.
Special Term correctly determined that the Town Board's denial of the petitioners' application for a change of zone was a legislative action (see, Kasper v. Town of Brookhaven, 122 A.D.2d 200; Matter of Amerada Hess Corp. v. Lefkowitz, 82 A.D.2d 882, lv dismissed 55 N.Y.2d 799) which must be upheld if it bears a substantial relationship to public health, safety, welfare or morals (see, Town of Huntington v. Park Shore Country Day Camp, 47 N.Y.2d 61; Northern Westchester Professional Park Assocs. v Town of Bedford, 92 A.D.2d 267, affd 60 N.Y.2d 492; Curtiss-Wright Corp. v. Town of E. Hampton, 82 A.D.2d 551). The record contains evidence that traffic generated by the proposed use would have a negative impact on the surrounding community. Therefore, the Town Board's action was reasonably related to the public health, safety and welfare.
The petitioners' remaining contention is without merit (see, Matter of Orange County Publs. v. Council of City of Newburgh, 60 A.D.2d 409, 418, affd 45 N.Y.2d 947). Mollen, P.J., Weinstein, Eiber and Sullivan, JJ., concur.