Opinion
Argued November 12, 1999
January 18, 2000
In a proceeding pursuant to CPLR article 78 to review a resolution of the respondent Planning Board of the Town of Southampton, adopted January 15, 1998, which, inter alia, granted site plan approval and a special exception permit subject to certain conditions to the respondents Richard Nilsson and Stanley Bezubek, d/b/a B N Moving and Storage, to use certain premises as a moving and storage warehouse facility, the petitioners appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County (Underwood, J.), dated September 2, 1998, which denied their application for a preliminary injunction, denied the petition, and dismissed the proceeding.
Goldberg Cohn, LLP, Brooklyn, N.Y. (Steven D. Cohn and Aimee Richter of counsel), for appellants.
Lisa Kombrink, Town Attorney, Southampton, N.Y. (Wayne D. Bruyn of counsel), for respondents Southampton Town Board and Planning Board of the Town of Southampton.
Bourke, Flanagan Asato, P.C., Southampton, N.Y. (Linda Riley of counsel), for respondents Richard Nilsson and Stanley Bezubek, d/b/a B N Moving and Storage.
LAWRENCE J. BRACKEN, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order and judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.
Contrary to the petitioners' contention, the respondent Planning Board of the Town of Southampton (hereinafter the Planning Board) identified the relevant areas of environmental concern and took a hard look at them before issuing a negative declaration (see, ECL article 8; 6 NYCRR 617.1 et seq.). In addition, the Planning Board set forth a reasoned elaboration for its determination (see,Matter of Merson v. McNally, 90 N.Y.2d 742, 751 ). This court must not "substitute [its] judgment for that of the agency for it is not [a court's] role to `weigh the desirability of any action or [to] choose among alternatives'" (Akpan v. Koch, 75 N.Y.2d 561, 570 , quoting Jackson v. New York Urban Dev. Corp., 67 N.Y.2d 400, 416 ).
Despite the petitioners' further contention, the record supports a finding that the Planning Board established that each of the required general standards was met before granting the respondents Richard Nilsson and Stanley Bezubeck, d/b/a B N Moving and Storage, a special exception permit (see, Town of Southampton Town Code § 330-122).
The petitioners' remaining contentions are without merit.
BRACKEN, J.P., KRAUSMAN, McGINITY, and SCHMIDT, JJ., concur.