DeFeo v. Zoning Bd. of Appeals of Town of Bedford
| Decision Date | 23 March 2016 |
| Citation | 28 N.Y.S.3d 111,137 A.D.3d 1123 |
| Parties | In the Matter of Dino DeFEO, respondent-appellant, v. ZONING BOARD OF APPEALS OF TOWN OF BEDFORD, et al., appellants-respondents. |
| Court | New York Supreme Court — Appellate Division |
137 A.D.3d 1123
28 N.Y.S.3d 111
In the Matter of Dino DeFEO, respondent-appellant,
v.
ZONING BOARD OF APPEALS OF TOWN OF BEDFORD, et al., appellants-respondents.
Supreme Court, Appellate Division, Second Department, New York.
March 23, 2016.
Keane & Beane, P.C., White Plains, N.Y. (Joel H. Sachs of counsel), for appellants-respondents Zoning Board of Appeals of Town of Bedford and Planning Board of Town of Bedford.
Young/Sommer LLC, Albany, N.Y. (Joseph F. Castiglione of counsel), for appellants-respondents Splash Management Group, LLC, ONAB Corp., and 570 North Bedford Road, LLC.
Banks Curran Schwam and Squirrell, LLP, Mount Kisco, N.Y. (David J. Squirrell of counsel), for respondent-appellant.
REINALDO E. RIVERA, J.P., RUTH C. BALKIN, JEFFREY A. COHEN, and BETSY BARROS, JJ.
In a proceeding pursuant to CPLR article 78 to review a resolution of the Planning Board of the Town of Bedford dated July 16, 2012, adopting a negative declaration under the New York State Environmental Quality Review Act and a resolution of the Zoning Board of Appeals of the Town of Bedford dated December 20, 2012, which, after a hearing, granted the applications of Splash Management Group, LLC, ONAB Corp., and 570 North Bedford Road, LLC, for use and area variances and a special permit, the Zoning Board of Appeals of the Town of Bedford and the Planning Board of the Town of Bedford appeal, and Splash Management Group, LLC, ONAB Corp., and 570 North Bedford Road, LLC, separately appeal, as limited by their respective briefs, from so much of a judgment of the Supreme Court, Westchester County (Zambelli, J.), entered October 4, 2013, as granted that branch of the petition which was to annul the resolution of the Zoning Board of Appeals of the Town of Bedford granting the use variance and annulled, as academic, the resolutions granting the area variances and special permit, and the petitioner cross-appeals from so much of the judgment as denied that branch of the petition which was to annul the resolution of the Planning Board of the Town of Bedford adopting the negative declaration.
ORDERED that the judgment is affirmed, without costs or disbursements.
The address of the subject property is 562–570 North Bedford Road, and it is located on the east side of North Bedford Road, also known as Route 117, at the intersection with Valerio Court in Bedford Hills, in Westchester. Valerio Court is a private roadway ending in a cul-de-sac. ONAB Corp. (hereinafter ONAB) is the owner of one of the three lots included within the subject property, and 570 North Bedford Road, LLC (hereinafter 570 LLC), is the owner of the other two lots. The petitioner, Dino DeFeo, is the owner of 17 Valerio Court, which is near the subject property.
The majority of the subject property is commercially zoned as "RB," or roadside business; a portion of the rear of the property, however, is residentially zoned as "R–1/2A," or residential ½ acre. On or about July 23, 2010, ONAB, 570 LLC, and Splash Management Group, LLC (hereinafter collectively the Splash parties), filed a preliminary site plan with the Planning Board of the Town of Bedford (hereinafter the Planning Board). The application pertained to the Splash parties' plan to construct a "New Car Wash with Express Lube & Detail Facility." The Splash parties intended to use the R–1/2A zoned portion of the property as a driveway and parking lot. The Town of Bedford Comprehensive Plan recommends that any
property located along a side street should consider connection to the side street, even if the side street is largely residential. Therefore, the entrance and exit to the carwash driveway were designed to be on Valerio Court. The subject property's existing curb cuts on Route 117 were to be eliminated.
Due to its concern about traffic flow expected to be generated by the proposed project, the Planning Board took lead agency status for the purposes of a review pursuant to the State Environmental Quality Review Act (ECL art. 8; hereinafter SEQRA). Traffic consultant reports submitted by the Splash parties and by the neighbors opposed to the project, which included the petitioner, were considered and discussed during several public meetings. The Planning Board also retained its own traffic...
To continue reading
Request your trial
-
Youngewirth v. Town of Ramapo Town Bd.
...v. New York State Urban Dev. Corp., 67 N.Y.2d 400, 417, 503 N.Y.S.2d 298, 494 N.E.2d 429 ; Matter of DeFeo v. Zoning Bd. of Appeals of Town of Bedford, 137 A.D.3d 1123, 1127, 28 N.Y.S.3d 111 ; Matter of Saint James Antiochian Orthodox Church v. Town of Hyde Park Planning Bd., 132 A.D.3d 687......
-
Friends of P.S., Inc. v. Jewish Home Lifecare
...lv. denied 10 N.Y.3d 714, 862 N.Y.S.2d 335, 892 N.E.2d 401 [2008] [citations omitted]; Matter of DeFeo v. Zoning Bd. of Appeals of Town of Bedford, 137 A.D.3d 1123, 1127, 28 N.Y.S.3d 111 [2d Dept.2016] ; Matter of Thorne v. Village of Millbrook Planning Bd., 83 A.D.3d 723, 725–726, 920 N.Y.......
-
Splash, LLC v. Shullman Family Ltd. P'ship
...and site plan. Both sides appealed. On March 23, 2016, the judgment was affirmed by the Appellate Division, Second Department [137 A.D.3d 1123, 28 N.Y.S.3d 111].After plaintiffs held over in their tenancy at the former premises following the lease expiration on April 30, 2013, a summary evi......
-
Star Prop. Holding, LLC v. Town of Islip
...v. Planning Bd. of Town of Southeast, 9 N.Y.3d 219, 231–232, 851 N.Y.S.2d 76, 881 N.E.2d 172 ; Matter of DeFeo v. Zoning Bd. of Appeals of Town of Bedford, 137 A.D.3d 1123, 1127, 28 N.Y.S.3d 111 ). Here, the Town complied with SEQRA's requirements before making a negative declaration. We ag......