NY Appellate Court Finds Planning Board Improperly Issued Special Use Permit and Site Plan Approval

This post was authored by Joseph DeMarzio, Touro College Jacob D. Fuchsberg Law Center

Following the grating of a special use permit and site plan application to Rockland Tree Export by the Village Planning Board, petitioner challenged the approvals which action was dismissed by the trial court.  Petitioner appealed.   

Rockland Tree Export (d/b/a Ira Wickes, Arborist) offers arborist services, landscape services, and operated a nursey which, under the local zoning law, to qualify for a special use permit, the proposed use must “have frontage on and practical access to two major roads.”  When the Village Planning Board granted a special use permit to Rockland Tree Export, they waived the requirement that it needed access to “two” roads. The Appellate Court found that they Planning Board abused its discretion by waiving this requirement, and that the Supreme Court should have annulled the Planning Board’s decision to grant the special use permit.

The Appellate Court further held that the Planning Board’s site plan approval was also improper because the application failed to conform to the requirements of the Village Zoning Law provision requires a lot in the relevant district to have a maximum gross impervious surface ration which was not met here. 

Marcus v Planning Board of the Village of Wesley Hills, 2021 WL 5499918 (NYAD 2 Dept. 11/24/2021)