An application for a proposed three lot subdivision was denied by the planning board following a public hearing where many neighbors and adjacent landowners expressed concerns over potential drainage and flooding problems. The petitioner alleged that the planning board had previously issued a negative declaration pursuant to the required environmental review finding no significant impact on the environment, and that the subsequent denial was due only to generalized community opposition, which alone, cannot justify the denial.
The Appellate Court first resolved that there was no inconsistency between the negative declaration finding no significant adverse impact would result from the proposed development, and a determination that there could be adverse effects associated with drainage and flooding problems. Citing to N.Y. Village Law §7-730(1), the Court noted that planning boards shall require a showing that the land proposed for subdivision can be used safely for building purposes “without danger to health or peril from fire, flood, drainage or other menace…” In addressing the allegation of generalized community opposition, the Court noted that the neighbors and adjacent landowners had firsthand knowledge based upon their experiences of the recurring drainage problems in the area, including flooding of streets and basements. Further, the Village engineer had expressed some concerns regarding the development of the property and its impact on drainage. The applicant’s engineer believed that the proposed development would have little effect on the existing draining conditions. Acknowledging that the facts in this case were close, the Court said that this is exactly the kind of fact-specific decision that planning boards are supposed to make, and where as here, there was a rational basis o support the board’s denial, it will be upheld even though a contrary determination could also be supported in the record.
MLB, LLC v. Schmidt, 2008 WL 1821537 (N.Y.A.D. 3 Dept. 4/24/2008).
The opinion can be accessed at: http://decisions.courts.state.ny.us/ad3/Decisions/2008/503562.pdf
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