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Matter of Gottlieb v. Rye City Planning Comm

Appellate Division of the Supreme Court of New York, Second Department
Oct 10, 1989
154 A.D.2d 465 (N.Y. App. Div. 1989)

Opinion

October 10, 1989

Appeal from the Supreme Court, Westchester County (Walsh, J.).


Ordered that the judgment is affirmed, with costs.

On this appeal, the petitioner challenges the propriety of the final approval granted for a neighbor's subdivision of her 2.3-acre parcel of land into four lots.

Our review of the record indicates that the Planning Commission properly considered the criteria enunciated in 6 NYCRR 617.11 (a) (1)-(11), prior to determining that the proposed subdivision would not result in a significant adverse impact on the environment as mandated by the State Environmental Quality Review Act (ECL art 8 [SEQRA]). Its determination of nonsignificance was neither arbitrary nor capricious, but based upon substantial evidence in the record. The Planning Commission, after a "hard look", arrived at its determination following careful identification and study of potentially troublesome areas as evidenced by, inter alia, its lengthy list of conditions upon which final approval of the project was contingent (see, e.g., Southampton Assn. v Planning Bd., 109 A.D.2d 204, 209).

We have considered the petitioner's remaining contentions and find them to be without merit. Lawrence, J.P., Rubin, Balletta and Rosenblatt, JJ., concur.


Summaries of

Matter of Gottlieb v. Rye City Planning Comm

Appellate Division of the Supreme Court of New York, Second Department
Oct 10, 1989
154 A.D.2d 465 (N.Y. App. Div. 1989)
Case details for

Matter of Gottlieb v. Rye City Planning Comm

Case Details

Full title:In the Matter of ROBERTA E. GOTTLIEB, Appellant, v. RYE CITY PLANNING…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 10, 1989

Citations

154 A.D.2d 465 (N.Y. App. Div. 1989)