Posted by: Patricia Salkin | May 4, 2019

NY Appellate Court Uploads Denial of Site Plan Application to Develop Oceanfront Property

This post was authored by Matthew Loeser, Esq.

Petitioner, the owner of a 43.5–acre property located in the Village of Sagaponack agricultural overlay district, submitted an application to develop a more than 13,000 square foot single-family residence on the northwestern corner of its property. In 2015, the Board rejected the application and determined that the northwestern corner of the property was not a suitable location for development. The petitioner then commenced this proceeding pursuant to CPLR article 78. The Supreme Court denied the petition and dismissed the proceeding.

The record reflected that the Board properly considered the factors set forth in the Village Code governing site plan applications and determined that development in the northwestern corner of the property would contribute to the loss of agricultural soil, that such development would negatively impact the views and vistas of farmland areas, and that such development would have a negative impact on any future subdivision of the property. As the determination of the Board that the northwestern corner of the property was not a suitable location for development was not illegal, arbitrary and capricious, or an abuse of discretion, it was upheld by the court.

Sagaponack Ventures, LLC v Board of Trustees of the Village of Sagaponack, 2019 WL 1461806 (NYAD 2 Dept. 4/3/2019)


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