NY Appellate Court Finds Denial of Subdivision Was Timely and Not an Abuse of Discretion


Following a subdivision application by the owner of a 2.974-acre lot in the Village of Deposit that is also in the counties of Broome and Delaware, the Village Planning board issued a positive declaration under the State Environmental Quality Review Act and required the applicant to submit a draft environmental impact statement. Following litigation and a remand to the board, the board ultimately issued a negative declaration and then denied the applicant’s proposed subdivision request.  The applicant appealed again and the matter was transferred to the appellate court.

The court disagreed with petitioner’s argument that the subdivision denial was untimely and therefore should have been a default approval.  The court reviewed Village Law 7-728 and noted that when the planning board determines that an environmental impact statement is not required, it must hold a public hearing on the application within 62 days of the submission of the complete preliminary plat…

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