Opinion

Board of Fire Commissioners of Tappan Fire District v. Planning Board of Orangetown

  • 253 A.D.2d 875
  • 678 N.Y.S.2d 508
  • 1998 N.Y. App. Div. LEXIS 9822
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Sep 28, 1998
Status
Published
Cited by
2 cases
Authority
More cited than 57.4%

The opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Planning Board of the Town of Orangetown, dated June 12, 1996, which denied the petitioner’s application for preliminary site-plan approval, the petitioner appeals from a judgment of the Supreme Court, Rockland County (Weiner, J.), dated September 2, 1997, which dismissed the petition.

Ordered that the judgment is affirmed, without costs or disbursements.

*876 There is insufficient evidence to establish that, under the “ ‘balancing of public interests’ * * * test” propounded by the Court of Appeals in Matter of County of Monroe (City of Rochester) ( 72 NY2d 338, 341 ), the appellant is entitled to proceed with its plan to construct a driveway and additional parking spaces for its fire station without the site plan approval which would ordinarily be required. We note that the respondent, in its determination, merely indicated a preferred location for the parking spaces in question, and did not totally preclude the construction of a parking area. Bracken, J. P., Rosenblatt, Ritter and Florio, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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