Posted by: Patricia Salkin | September 29, 2018

NY Appellate Court Affirms the Dismissal of Petition for Site Plan Approval to Construction Debris Transfer Station

This post was authored by Matthew Loeser, Esq.

Petitioners owned two contiguous parcels of property in the industrial zone in the Incorporated Village of Hempstead, which they used for storage of construction material and equipment. The petitioners submitted an application to the Village’s Planning Board for site plan approval of a “green waste and construction debris transfer station.” After a public hearing, the Planning Board denied the petitioners’ application due to concerns about traffic and congestion. As a result, petitioners commenced this proceeding pursuant to CPLR article 78 to review the determination.

The court noted that when reviewing the determinations of a local planning board, courts should consider substantial evidence only to determine whether the record contains sufficient evidence to support the rationality of the Board’s determination. Here, contrary to the petitioners’ contentions, the Planning Board’s determination had a rational basis, was not illegal, and was not arbitrary and capricious. Accordingly, the Board’s determination was confirmed, the petition was denied, and the proceeding was dismissed on the merits.

Fildon, LLC v Planning Board of the Incorporated Village of Hempstead, 164 A.D. 3d 501 (2 Dept. 8/1/2018)


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