Schaller v. Town of New Paltz Zoning Board of Appeals

108 A.D.3d 821, 968 N.Y.S.2d 702
Appellate Division of the Supreme Court of the State of New York·Decided July 3, 2013·Published·Cited by 2 cases

Opinion

McCarthy, J.

Appeal from a judgment of the Supreme Court (Cahill, J.), entered April 3, 2012 in Ulster County, which dismissed petitioner’s amended application, in a proceeding pursuant to CPLR article 78, to review, among other things, a determination of respondent Town of New Paltz Planning Board granting conditional site plan approval to respondent New Paltz Hospitality LLC.

In 2008, respondent New Paltz Hospitality LLC (hereinafter the applicant) applied to respondent Town of New Paltz Planning Board and respondent Town of New Paltz Zoning Board of Appeals (hereinafter the ZBA) for land use and zoning variance approvals required to construct a hotel on a parcel of property owned by respondent Ulster Rock, Inc., where an abandoned warehouse was located. The Planning Board declared itself lead agency for environmental review under the State Environmental Quality Review Act (see ECL art 8 [hereinafter SEQRA]) and, after determining that there would be no adverse environmental impact, issued a conditional negative declaration. Thereafter, the ZBA conditionally approved the applicant’s request for a six-foot height variance to provide for an aesthetically pleasing pitched roof, which would also permit the incorporation of environmentally-friendly energy conservation features.

Petitioners, who are the owners and operators of a motel on land adjacent to the proposed project site, commenced this CPLR article 78 proceeding challenging, among other things, the Planning Board’s issuance of the negative declaration and the ZBA’s grant of the height variance. The Planning Board subsequently granted conditional site plan approval,

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Schaller v. Town of New Paltz Zoning Board of Appeals, 108 A.D.3d 821, 968 N.Y.S.2d 702 (N.Y. Ct. App. 2013).

108 A.D.3d 821 (Schaller v. Town of New Paltz Zoning Board of Appeals) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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