Opinion
11-20-2015
In the Matter of CERTIFIED ROAD CONSTRUCTORS, INC., Doing Business as Material Sand & Gravel, and Troy Sand & Gravel Co., Inc., Petitioners–Appellants, v. TOWN OF RUSSIA ZONING BOARD OF APPEALS, Respondent–Respondent.
Tuczinski, Cavalier & Gilchrist, P.C., Albany (Andrew W. Gilchrist of Counsel), for Petitioners–Appellants. Schmitt & Lascurettes, LLC, Utica (William P. Schmitt of Counsel), for Respondent–Respondent.
Tuczinski, Cavalier & Gilchrist, P.C., Albany (Andrew W. Gilchrist of Counsel), for Petitioners–Appellants.
Schmitt & Lascurettes, LLC, Utica (William P. Schmitt of Counsel), for Respondent–Respondent.
Opinion
MEMORANDUM:
Petitioners commenced this CPLR article 78 proceeding seeking to annul a determination of respondent, Town of Russia Zoning Board of Appeals (ZBA), denying petitioners' appeal of a stop work order issued by the “ Codes/Zoning Enforcement Officer” of the Town of Russia (Town) after petitioners sought permission from the Town to update their asphalt-making machinery from older “cold mix” technology to incorporate a more modern “hot mix” process. Supreme Court dismissed the petition.
We affirm for reasons stated in the decision at Supreme Court. We add only that, contrary to petitioners' contentions, the ZBA did not improperly consider evidence submitted to the Town “by or on behalf of” petitioners with respect to previous, unrelated matters (see Matter of Silveri v. Nolte, 128 A.D.2d 711, 712, 513 N.Y.S.2d 205; cf. Matter of Sunset Sanitation Serv. Corp. v. Board of Zoning Appeals of Town of Smithtown, 172 A.D.2d 755, 755, 569 N.Y.S.2d 141), the ZBA fulfilled its obligation to “disclose all evidence upon which it relied in reaching a decision” (Matter of Stein v. Board of Appeals of Town of Islip, 100 A.D.2d 590, 590, 473 N.Y.S.2d 535; see generally Matter of Collins v. Behan, 285 N.Y. 187, 188, 33 N.E.2d 86), and the ZBA's “determination is supported by more than the generalized objections of neighbors” (Matter of Ifrah v. Utschig, 98 N.Y.2d 304, 308, 746 N.Y.S.2d 667, 774 N.E.2d 732).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.
SCUDDER, P.J., PERADOTTO, CARNI, VALENTINO, and WHALEN, JJ., concur.