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Development
Environmental Group Has Standing But Loses On the Merits of Challenge to Subdivision Approval
Friends of the Shawangunks v. Town of Gardiner Planning Board 2024 WL 367650, AppDiv, Third Dept. (Opinion by Garry, J.)
In an environmental group's article 78 proceeding challenging a grant of subdivision approval and a special use permit, the group appealed from Supreme Court's denial of the petition and dismissal of the proceeding. The Appellate Division affirmed, holding that while the group had standing, the planning board's construction of the town code was correct.
Landonwer sought a special use permit to build a new single-family home on part of his 108-acre parcel, which he proposed to subdivide into two lots, one of which would contain an existing residence. The parcel falls into three zoning subdistricts. In two of those subdistricts the code requires that permitted construction be at the lowest feasible elevation "on the property." The third subdistrict does not contain the restriction. Landowner's proposed new house would be located in the third subdistrict. The planning board granted subdivision approval and the special use permit, but the environmental group brought this proceeding contending that because the proposed construction was not on the lowest elevation on the property, the planning board had acted in violation of the town code. Supreme Court denied the petition.
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