Opinion
May 22, 1995
Appeal from the Supreme Court, Westchester County (Cowhey, J.).
Ordered that the judgment is affirmed, with costs.
The record does not support the Planning Board's contention that its determination was based upon public health, safety, and general welfare concerns (see, Esposito Bldrs. v Coffman., 183 A.D.2d 828). Thus, the Supreme Court properly determined that the Planning Board's findings are unsupported by the record, and it properly annulled the determination as an abuse of discretion. Further, the Supreme Court properly directed that the Planning Board approve the site plan (see, Matter of WEOK Broadcasting Corp. v Planning Bd., 79 N.Y.2d 373; Matter of Texaco Ref. Mktg. v Valente, 174 A.D.2d 674). Rosenblatt, J.P., Miller, Ritter and Krausman, JJ., concur.