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Matter of Kelsky v. Town of Lewisboro

Appellate Division of the Supreme Court of New York, Second Department
May 8, 1995
215 A.D.2d 483 (N.Y. App. Div. 1995)

Opinion

May 8, 1995

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


Ordered that the judgment is affirmed, with costs.

We agree with the Supreme Court that the respondent, the Town of Lewisboro Planning Board, as lead agency, took the requisite "hard look" at the proposed development and made a reasoned elaboration of the basis for its resolution granting preliminary subdivision approval for the project (see generally, Matter of Jackson v New York State Urban Dev. Corp., 67 N.Y.2d 400, 417). The petitioner's 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). Although the petitioner would obviously prefer a development that is substantially smaller than the approved subdivision, we cannot conclude, on the record before us, that the Planning Board failed to reasonably consider 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 observe that the Planning Board was fully informed of all pertinent environmental issues, including those dealing with water supply and 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 Sutton Area Community v Board of Estimate, supra, at 947). Sullivan, J.P., O'Brien, Ritter and Goldstein, JJ., concur.


Summaries of

Matter of Kelsky v. Town of Lewisboro

Appellate Division of the Supreme Court of New York, Second Department
May 8, 1995
215 A.D.2d 483 (N.Y. App. Div. 1995)
Case details for

Matter of Kelsky v. Town of Lewisboro

Case Details

Full title:In the Matter of RICHARD B. KELSKY, Appellant, v. TOWN OF LEWISBORO…

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

Date published: May 8, 1995

Citations

215 A.D.2d 483 (N.Y. App. Div. 1995)
627 N.Y.S.2d 399

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