Posted by: Patricia Salkin | December 1, 2016

NY Appellate Court Finds Planning Board’s Determination Regarding Site Plan Approval had a Rational Basis

Petitioners/plaintiffs, Panevan Corporation, the owner of property at 784 Central Park Avenue in the Town of Greenburgh, and 784 SCPA Rest. Corp. (hereinafter Rest. Corp.), an entity which leased that property, where it operated a diner, challenged a determination of the Greenburgh Planning Board which granted site plan approval and special permits to the respondent/defendant Dimitri Ostashkin, doing business as 788 Central Park Avenue. These special permits allowed for the development of Ostashkin’s property, which was located adjacent to 784 Central Park Avenue. The Town and the Planning Board moved to dismiss the proceeding on the ground that Panevan and Rest. Corp. lacked standing. The Supreme Court granted this motion to dismiss, and determined that the Planning Board properly granted site plan approval and the special parking permits to Ostashkin.

On appeal, the court first noted that “a local planning board has broad discretion in deciding applications for site-plan approvals, and judicial review is limited to determining whether the board’s action was illegal, arbitrary and capricious, or an abuse of discretion.” Here, the court found that contrary to Rest. Corp.’s contention, the determination regarding site plan approval had a rational basis, and was not illegal, arbitrary and capricious, or an abuse of discretion. Additionally, The Supreme Court properly determined that Panevan failed to establish standing.

Panevan Corp. v. Town of Greenburgh, 2016 WL 6604718 (NYAD 2 Dept. 11/9/2016)


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