Posted by: Patricia Salkin | November 18, 2022
NY Court docket of Appeals Upholds Discovering that Planning and Architectural Evaluation of Initiatives Not Correctly Labeled on SEQRA however Discovered Acceptable Evaluation Undertaken
The applicant seeks to overturn the choice of the Village Planning and Architectural Evaluation Board which issued a unfavorable assertion underneath the State Environmental High quality Evaluation Act (SEQRA) and subsequently granted website plan approval and architectural overview for the reuse of 57 current housing items, 25,780 sq. foot buildings to blended revenue house mission 87 items.
The Court docket agreed that the Board incorrectly listed the mission as an unregistered act, moderately than a Kind I motion, however the Court docket famous that, “a misclassification doesn’t essentially result in an overturn of a unfavorable declaration if the lead company does the equal of the kind I reviewed regardless of the error.” classification” (quotes omitted). The courtroom dominated that the Board performed a coordinated overview and demonstrated that it had taken environmental components into consideration, and subsequently complied with SEQRA’s mandate. The courtroom additionally discovered that find no vital opposed environmental impacts, the Board paid an excessive amount of consideration and supplied believable explanations to help its resolution.
In Williamsville Residents Concern In opposition to Redevelopment Blocher v Williamsville Village Planning and Structure Evaluation Board, 2022 WL 4591376 (NYAD 4 Dept. 30/9/2022)
Posted in Present Caselaw – New York, Environmental Evaluation