Opinion
2001-10998, 2001-00512
Argued December 13, 2001.
December 31, 2001.
In a proceeding pursuant to CPLR article 78 to review a determination of the Planning Board of the Town of Pleasant Valley, dated January 10, 2000, which denied the petitioner's application for subdivision approval, the appeal is from a judgment of the Supreme Court, Dutchess County (Pagones, J.), dated December 11, 2000, which, upon the granting of the petitioner's motion for summary judgment, annulled the determination and directed the Planning Board of the Town of Pleasant Valley to approve the subdivision application.
Van DeWater Van DeWater, LLP, Poughkeepsie, N Y (David D. Hogstrom of counsel), for appellant.
Harris Beach, LLP, Albany, N.Y. (Andrew W. Gilchrist of counsel), for respondent.
Before: GLORIA GOLDSTEIN, J.P., ANITA R. FLORIO, LEO F. McGINITY, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, without costs or disbursements.
The Supreme Court properly determined that the denial of the petitioner's subdivision application was arbitrary and capricious, was not supported by any evidence in the record, and was made without foundation in fact (see, Matter of Kahn v. Pasnik, 90 N.Y.2d 569; Matter of Gernatt Asphalt Prods. v. Town of Sardinia, 87 N.Y.2d 668; Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 231).
Moreover, under the circumstances of this case, the Supreme Court properly directed the Planning Board of the Town of Pleasant Valley (hereinafter the Board) to approve the petitioner's subdivision application rather than remit this matter for further consideration by the Board. The record discloses that the only reason for the Board's denial of the subdivision application was generalized community opposition. The record also reveals that the petitioner met all the conditions needed for approval of its subdivision application in both this and the related Stratford Valley subdivision (see, Matter of Town of Pleasant Valley v. Town of Poughkeepsie, 289 A.D.2d 583 [decided herewith]; Matter of Viscio v. Town of Guilderland Planning Bd., 138 A.D.2d 795; see also, Matter of Robert Lee Realty Co. v. Village of Spring Val., 61 N.Y.2d 892; Matter of Pleasant Val. Home Constr. v. Van Wagner, 41 N.Y.2d 1028; Matter of Church of Jesus Christ of Latter-Day Saints v. Planning Bd. of Town of Clifton Park, 260 A.D.2d 769; Matter of Chernick v. McGowan, 238 A.D.2d 586).
The Board's remaining contentions are without merit.
GOLDSTEIN, J.P., FLORIO, McGINITY and H. MILLER, JJ., concur.