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Development
Negative Declaration/Time Bar
Matter of Stengel v. Town of Poughkeepsie Planning Board NYLJ 12/14/19, p. 33, col. 5 AppDiv, Second Dept. (memorandum opinion)
In neighbors' article 78 proceeding challenging a negative declaration under SEQRA and approval of a site plan, neighbors appealed from Supreme Court's denial of the petition and dismissal of the proceeding. The Appellate Division affirmed, concluding that the challenge to the negative declaration was time-barred and the challenge to the site plan approval was without merit.
Landowner sought to build a convenience store and service station on a lot that currently houses a dilapidated apartment building and a smaller motor vehicle service facility. Neighbors, whose homes are near the project, opposed the project at public hearings. After those hearings, the town planning board issued a negative declaration under SEQRA, eliminating the need for preparation of a draft environmental impact statement. The town zoning board of appeals subsequently granted landowner several area variances, and the planning board then approved landowner's site plan. Neighbors brought this article 78 proceeding challenging both the negative declaration and the site plan approval. Supreme Court denied the petition.
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