This post was authored by Amy Lavine, Esq.
The Appellate Division, Second Department, upheld the denial of a special use permit for a gas station based on traffic concerns in the 2023 caseMatter of Chestnut Petroleum Dist., Inc. v. Town of Mount Pleasant Planning Bd., 222 A.D.3d 748 (2d Dept 12/13/23).
The case involved an application for a special use permit and site plan approval for the development of a gas station in the Town of Mount Pleasant. The petitioner’s initial proposal included four fueling islands as well as a convenience store and a Dunkin’ Donuts drive-thru, but it revised its application in response to concerns about traffic by reducing the number of fueling islands to three. The revised application also limited circulation so that only right turns would be permitted in and out of the gas station. Despite these revisions to the gas station proposal, however, the planning board ultimately denied approval for the project.
As the court explained, one of the requirements for a “gasoline station convenience store” under the town code was that a “traffic circulation plan shall be provided, demonstrating how the use of the site for both the gas station and the convenience store will not create unsafe conditions or vehicular conflicts.” The planning board’s denial of the application under this provision, the court found, was reasonable and supported by the evidence, and it was also reasonable for the planning board to find that the proposed gas station would create more traffic congestion than a use permitted as-of-right. The court emphasized that even though there was support for the petitioner’s position as well, the planning board’s decision was subject to deference. Accordingly, the court concluded that the denial of the petitioner’s special use permit application was not illegal, arbitrary and capricious, or an abuse of discretion.
Matter of Chestnut Petroleum Dist., Inc. v. Town of Mount Pleasant Planning Bd., 222 A.D.3d 748 (2d Dept 12/13/23)
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