Posted by: Patricia Salkin | June 17, 2013

NY Appellate Court Upholds Planning Commission’s Denial of Application to Modify Standards for Private Streets

Following denial of an application for site plan approval that would have required the planning commission to modify standards for private a street to allow the petitioner to build a single family residence on a vacant parcel of land, the petitioner appealed.  The Planning Commission based its determination on minimum standards “for the purpose of determining whether a private street presently providing access for existing buildings is acceptably improved to permit the issuance of building permits for property having access therefrom,” contained  in a resolution it had adopted in 1968. Because the planning commission’s determination that the street did not provide reasonable access from the proposed new single-family dwelling to suitably improved street, the court held that the commission’s decision had a rational basis and was not arbitrary and capricious.

Panetta v City of Rye, 105 A.D. 3d 748, 963 N.Y.S. 2d 274 (2 Dept. 4/3/2013)

The opinion can be accessed at: http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2013/D37804.pdf


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