You are here: / / ZONING BOARD’S DENIAL OF APPLICATION FOR SITE PLAN APPROVAL ANNULLED,...

ZONING BOARD’S DENIAL OF APPLICATION FOR SITE PLAN APPROVAL ANNULLED, BOARD’S DETERMINATION BASED SOLELY ON GENERALIZED COMMUNITY OPPOSITION.

The Second Department, reversing the zoning board, determined that the denial of petitioner’s application for site plan approval was improperly based solely on generalized community opposition. The village consultants and the negative State Environmental Quality Review Act (SEQRA) declaration did not support the board’s determination:

“Although scientific or other expert testimony is not required in every case to support a zoning board’s determination, the board may not base its decision on generalized community objections” … . In contrast, a zoning board’s reliance upon specific, detailed testimony of neighbors based on personal knowledge does not render a variance determination the product of generalized and conclusory community opposition … .

Here, we agree with the petitioner that the record lacks sufficient evidence to support the rationality of the Board’s determinations denying the petitioner’s application for site plan approval … . The only evidence in the record concerning the traffic and safety issues cited by the Board in the determinations was the conclusory opposition of neighboring residents, which was not supported by any of the Village’s consultants and was contradicted by the negative SEQRA declaration adopted by the Board … . Under the circumstances, the Board’s determinations were improperly based on generalized community opposition and should have been annulled … . Matter of Ramapo Pinnacle Props., LLC v Village of Airmont Planning Bd., 2016 NY Slip Op 08238, 2nd Dept 12-7-16

ZONING (ZONING BOARD’S DENIAL OF APPLICATION FOR SITE PLAN APPROVAL ANNULLED, BOARD’S DETERMINATION BASED SOLELY ON GENERALIZED COMMUNITY OPPOSITION)

You might also like
Plaintiff Unable to Demonstrate Freedom from Comparative Negligence as a Matter of Law; Plaintiff’s Motion for Summary Judgment in Automobile Accident Case Denied
ALTHOUGH HARMLESS, IT WAS ERROR TO ADMIT THE CONTENT OF SOCIAL MEDIA ACCOUNTS WITHOUT AUTHENTICATING THE ACCOUNTS, PHOTOGRAPHS AND STATEMENTS (SECOND DEPT).
DEFENDANT ENTITLED TO SUMMARY JUDGMENT IN THIS SLIP AND FALL CASE UNDER THE STORM IN PROGRESS DOCTRINE.
LAID OFF AT-WILL EMPLOYEE’S WHISTLEBLOWER (LABOR LAW 740) AND FRAUDULENT INDUCEMENT CAUSES OF ACTION PROPERLY DISMISSED (SECOND DEPT). ​
NEGLECT PETITION ALLEGING EXCESSIVE CORPORAL PUNISHMENT SHOULD NOT HAVE BEEN DISMISSED AFTER PRESENTATION OF DIRECT CASE, CHILD’S OUT OF COURT STATEMENTS SUFFICIENTLY CORROBORATED.
AUDIT TRAIL, I.E., METADATA SHOWING WHO ACCESSED PLAINTIFF’S MEDICAL RECORDS, WHERE AND WHEN THEY WERE ACCESSED, AND ANY CHANGES TO THE RECORDS, WAS DISCOVERABLE IN THIS MEDICAL MALPRACTICE ACTION ALLEGING IMPROPER TREATMENT AFTER SURGERY (SECOND DEPT).
PROPER VENUE FOR TWO LAWSUITS JOINED FOR TRIAL IS THE COUNTY WHERE THE FIRST LAWSUIT WAS FILED.
PLAINTIFF DID NOT DEMONSTRATE THE CONDITIONS PRECEDENT TO THE ACCELERATION OF THE MORTGAGE DEBT HAD BEEN SATISFIED, PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

QUESTIONS OF FACT WHETHER DEFENDANT SUPERVISED AND DIRECTED PLAINTIFF’S... WRITTEN AGREEMENT REQUIREMENT IN POLICY FOR ADDITIONAL INSUREDS DID NOT REQUIRE...