Expect a quick turnaround approved zoning variances Thursday and a Planning Board meeting on December 23rd (I know, right, shouldn't they postpone that meeting in observance of the Christmas holiday?).
One reason it is believed that the application has been closed for so long with no decision (very rare) is the applicant's grossly deficient SEQR application; a small sampling of our objections are at the bottom of this link.
Substantive Compliance
Aldrich v. Pattison 107 AD2d 258 (2d Dept 1985)
Where the question is the adequacy or content of the environmental review conducted, rather than whether the right steps were followed, agencies need to substantially comply with both the letter and spirit of the law. Where an agency has made a reasoned decision on a thorough record, the court will not substitute its judgment, but will allow the agency to exercise some discretion. See also Jackson v. UDC 67 NY2d 400 (1986).
Mmmmmm...uncoordinated review: so meaty. It looks like we may be blessed this year to have a long and spirited Christmas Eve-Eve in front of the Planning Board.
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