Posted by: Patricia Salkin | September 16, 2020

NY Appellate Court Affirms Denial of Site Plan Approval for Gas Station Canopy

This post was authored by Amy Lavine, Esq.

The NY Appellate Division, Second Department recently upheld the denial of site plan approval for the addition of a canopy to a gas station located in Montauk. The court first noted that the standard of review was not substantial evidence, because “the Planning Board’s determination was made after informational public hearings, as opposed to a quasi-judicial evidentiary hearing….” Rather, the court’s review was limited to determining whether the planning board’s decision was illegal, arbitrary and capricious, or an abuse of discretion. The court next explained that the Town Law provided authority for the planning board to review site plans and impose reasonable conditions and restrictions. In this case, the planning board exercised this authority appropriately. Considering the size and scale of the proposed gas station canopy, the court could not find that there was no rational basis for determining that the canopy would be inconsistent with the neighborhood and the visual character of the area.

Matter of Empire Import-Export of USA, Inc. v Town of E. Hampton Planning Bd., 2020 NY Slip Op 04941 (2d Dept 9/16/20)


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