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Jonathan Elwyn v. Planning Bd. of Village

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 2009
63 A.D.3d 927 (N.Y. App. Div. 2009)

Opinion

No. 2008-03932.

June 16, 2009.

In a proceeding pursuant to CPLR article 78 to review a determination of the Planning Board of the Village of Irvington dated November 1, 2006, which issued a conditioned negative declaration under the State Environmental Quality Review Act (ECL art 8) with respect to the construction of a single-family residence in the Village of Irvington, and granted watercourse and wetlands permits, the petitioners appeal from a judgment of the Supreme Court, Westchester County (R. Bellantoni, J.), entered April 11, 2008, which denied the petition and dismissed the proceeding.

Zarin Steinmetz, White Plains, N.Y. (Daniel M. Richmond of counsel), for appellants.

Podvey, Meanor, Catenacci, Hildner, Cocoziello Chattman, P.C., New York, N.Y. (Lino J. Sciaretta of counsel), for respondent Planning Board of the Village of Irvington.

Mark E. Constantine, Tarrytown, N.Y., for respondent C.M. Pateman Associates, Inc.

Before: Rivera, J.P., Eng, Chambers and Hall, JJ., concur.


Ordered that the judgment is affirmed, with one bill of costs. Contrary to the petitioners' contention, the Planning Board of the Village of Irvington (hereinafter the Planning Board) identified the relevant areas of environmental concern, specifically, the presence of elevated levels of nickel and zinc in the soil, took a hard look at that issue, and made a "reasoned elaboration" ( Akpan v Koch, 75 NY2d 561, 570; see Matter of Muir v Town of Newburgh Planning Bd., 49 AD3d 742, 744).

Since the Planning Board properly issued a conditioned negative declaration, the preparation of an environmental impact statement was not required (see 6 NYCRR 617.2 [h]; Matter of Coca-Cola Bottling Co. of N.Y. v Board of Estimate of City of N.Y., 72 NY2d 674, 680; see also Stop-The-Barge v Cahill, 1 NY3d 218, 223-224).

The petitioners' remaining contentions are without merit.


Summaries of

Jonathan Elwyn v. Planning Bd. of Village

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 2009
63 A.D.3d 927 (N.Y. App. Div. 2009)
Case details for

Jonathan Elwyn v. Planning Bd. of Village

Case Details

Full title:In the Matter of JONATHAN ELWYN et al., Appellants, v. PLANNING BOARD OF…

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

Date published: Jun 16, 2009

Citations

63 A.D.3d 927 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 5126
881 N.Y.S.2d 166