Opinion
November 5, 1970
Appeal from the Monroe Special Term.
Present — Del Vecchio, J.P., Marsh, Gabrielli, Moule and Bastow, JJ.
Determination unanimously annulled, without costs, and matter remitted to the Planning Board for further proceedings in accordance with the following memorandum: Contrary to petitioner's contention, a Planning Board does have the power to disapprove a proposed subdivision plat if the sewage system is inadequate. (Town Law, § 276, subd. 1; § 277, subd. 1; cf. Clark v. Fogelsonger, 284 App. Div. 832.) However, while there was proof before the Planning Board that sewage facilities across the road from the proposed subdivision were not working adequately, there were differences between the two systems, and there was no proof that petitioner's system would be inadequate if properly installed. There is also no basis upon which a proper review can be made as the Planning Board did not make findings and merely set forth its determination as a conclusion. In view of the lack of proof and the absence of findings, a new hearing should be held. ( Matter of Collins v. Behan, 285 N.Y. 187; Matter of Galvin v. Murphy, 11 A.D.2d 900.)