Eastern New York Properties, Inc. v. Cavaliere

• Decision Date: 11 July 1988
• Citation: 142 A.D.2d 644,530 N.Y.S.2d 842
• Parties: In the Matter of EASTERN NEW YORK PROPERTIES, INC., Respondent, v. John CAVALIERE, et al., Appellants.
• Court: New York Supreme Court — Appellate Division

Page 842

530 N.Y.S.2d 842

142 A.D.2d 644

In the Matter of EASTERN NEW YORK PROPERTIES, INC., Respondent, v. John CAVALIERE, et al., Appellants.

Supreme Court, Appellate Division,

Second Department.

July 11, 1988.

John M. Hochfelder, White Plains (Matthew D. Arkin and Mark C. Dillon, of counsel), for appellants.

Keane & Beane, P.C., White Plains (Richard L. O'Rourke, Judson K. Siebert and Richard W. Vercollone, of counsel), for respondent.

Before MOLLEN, P.J., and THOMPSON, RUBIN and SULLIVAN, JJ.

MEMORANDUM BY THE COURT.

In a proceeding pursuant to CPLR article 78 to review a determination of the Planning Board of the Town of Mount Pleasant, (hereinafter the planning board), the appeal is from a judgment of the Supreme Court, Westchester County (West, J.), entered November 25, 1987, which annulled the planning board's resolution to deny the petitioner's amended site plan application and approved the amended site plan application.

ORDERED that the judgment is affirmed, without costs or disbursements.

The petitioner initially applied for site plan approval on July 28, 1986, to add approximately 50,000 square feet of office building to existing structures, with surface parking, underground parking, and two stories of office space. The petitioner requested a waiver of the 30-foot rear yard setback requirement of the local ordinance in order to construct a loading dock, leaving a 12-foot setback. A traffic expert prepared a traffic impact study and concluded that safe and efficient access to the project can be developed; the traffic expert was also of the opinion that the project would have minimal impact on the operational condition of the intersections within the vicinity. It was the opinion of the planning board's traffic consultant that the analysis results of the petitioner's traffic expert were acceptable. That site plan application was approved on December 4, 1986. On December 12, 1986, the petitioner obtained a signed contract for the purchase of a parcel of land contiguous to its property; the closing occurred on December 22, 1986. A building permit was issued for the original site plan on February 1, 1987, and the petitioner thereafter commenced construction. On or about May 11, 1987, the petitioner applied to the planning board for an amended site plan approval as a result of the acquisition of additional property; the amended site plan included approximately 10,000 additional square feet of office space to be added to the first level of the building, in lieu of certain indoor parking spaces on that level, with substantially more parking spaces outside the building. A public meeting was held on July 13, 1987, in connection with the amended site plan. The planning board denied the amended site plan application. The grounds for denial were (1) the amended site plan would add more vehicles and vehicular activity in an already overburdened...