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New York Real Estate Law ReporterColumns & DepartmentsLandlord Tenant LawLitigation

Development

By ssalkin
July 01, 2019
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Denial of Site Plan Upheld

Matter of Sagaponack Ventures LLC v. Board of Trustees NYLJ 4/5/19, p. 27, col. 1 AppDiv, Second Dept. (memorandum opinion)

In landowner's article 78 proceeding challenging denial of a site plan application, landowner appealed from Supreme Court's denial of the petition and dismissal of the proceeding. The Appellate Division affirmed, holding that the Board of Trustees had not abused its discretion.

Landowner owns a 43.5 acre waterfront parcel. In 2004, landowner, under a different corporate name, applied to build four single-family residences on the parcel, three on the oceanfront portion and the fourth on the northwestern portion of the property, In 2008, the board conditionally approved a site plan that relocated the fourth house from the northwestern portion to another area. Landowner abandoned that site plan. In 2013, landowner submitted another site plan application to build four homes, largely in the same location as the original application, but abandoned the application when the board made it clear that it would compare the application with the 2008 conditional approval. Landowner then submitted the instant application to build a 13,000 square foot house on the northwestern portion of the parcel. The board rejected the application, concluding that the northwestern portion was not suitable for development. Landowner brought this article 78 proceeding. When Supreme Court denied the petition, landowner appealed.

In affirming, the Appellate Division concluded that the board had considered the factors set forth in the village code governing site plan applications. In particular, the board had concluded that development of the northwestern portion would contribute to the loss of agricultural soil, would have a negative impact on future subdivision of the property, and would negatively affect the vistas of farmland areas. As a result, the board's decision was not illegal, arbitrary, or an abuse of discretion.

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