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