Opinion
November 27, 1995
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with one bill of costs payable to the respondents appearing separately and filing separate briefs.
The respondent, the Town of Lewisboro Planning Board (hereinafter the Planning Board), as lead agency, took the requisite hard look at the proposed project and made a reasoned elaboration of the basis for its resolution granting site development plan approval for the project (see generally, Matter of Jackson v New York State Urban Dev. Corp., 67 N.Y.2d 400, 417; Matter of Kelsky v Town of Lewisboro Planning Bd., 215 A.D.2d 483). The petitioners' conclusory assertions notwithstanding, the respondent adequately identified and addressed the environmental concerns raised in the Draft Environmental Impact Statement, giving "due consideration to pertinent environmental factors" (Akpan v Koch, 75 N.Y.2d 561, 571; see also, ECL 8-0111; 8-0105 [7]; 8-0109 [2]; 6 NYCRR 617.8; Matter of Sutton Area Community v Board of Estimate, 78 N.Y.2d 945, 947; Matter of Kelsky v Town of Lewisboro Planning Bd., supra). We further conclude, on the record before us, that the Planning Board gave reasonable consideration to alternatives to the specific project (see, Matter of Town of Dryden v Tompkins County Bd. of Representatives, 78 N.Y.2d 331, 334; Matter of Morse v Town of Gardiner Planning Bd., 164 A.D.2d 336, 339-340). We note that the Planning Board was fully informed of all pertinent environmental issues, including those dealing with sewage treatment for the project, before granting its approval. Accordingly, "the `hard look' standard of judicial review is satisfied and the determination must be confirmed" (Matter of Kelsky v Town of Lewisboro Planning Bd., supra, at 484; see also, Matter of Sutton Area Community v Board of Estimate, supra).
We have considered the petitioners' remaining contentions and find them to be without merit. O'Brien, J.P., Santucci, Joy and Friedmann, JJ., concur.