Development

In neighbors' combined article 78 proceeding and declaratory judgment action to annul the town planning board's grant of subdivision and site plan approval, the town and the developers appealed from Supreme Court's grant of the petition. The Appellate Division reversed and dismissed the petition, holding that the planning board had taken the requisite hard look at environmental issues.

After a study, in June 2018 the town adopted a local law creating a Transit Oriented Development (TOD) District. In 2018 and 2019, developer (through separate subsidiaries) applied for site plan and subdivision approval for a mixed-use residential and commercial development on one site, and for a special use permit to develop a proposed 160,000 square foot Costco store on an adjacent site within the TOD District. The Planning Board declared itself lead agency under SEQRA, and issued a positive declaration. After public scoping developer prepared a draft environmental impact statement (DEIS) and the planning board held a public hearing. Developer then prepared a final EIS and the planning board accepted the FEIS and issued a findings statement authorizing the projects. Neighbors then brought this combined proceeding and action challenging the planning board's adoption of the findings statement. The planning board then granted site plan approval for the mixed use development and the neighbors amended the petition to challenge the site plan approval. Supreme Court then granted neighbors' petition, concluding that both the findings statement and the site plan approval were arbitrary and capricious.