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Development
Failure to Require SEIS Not Arbitrary
Matter of Viserta v. Town of Wawayanda Planning Board
NYLJ 12/22/17, p. 22., col. 5.
AppDiv, Second Dept. (memorandum opinion)
In neighbors' article 78 proceeding challenging the town planning board's refusal to require a supplemental environmental impact statement (SEIS) for a natural gas power plant, neighbors appealed from Supreme Court's denial of the petition and dismissal of the proceeding. The Appellate Division affirmed, holding that the board's determination was supported by evidence.
In 2013, the town planning board approved a site plan for the proposed power plant. In 2015, CPV, the developer, submitted an application for an amended site plan. At the public hearing on the amended site plan, project opponents requested that the board require preparation of an SEIS. The board determined that the SEIS was unnecessary, and approved the amended site plan. Neighbors, all of whom lived within one-eighth of a mile from the proposed plant, brought this article 78 proceeding challenging the determination. The developer then withdrew the amended site plan and decided to proceed with the original site plan. Supreme Court rejected the board's contention that the article 78 proceeding was now academic, but denied the petition on the merits.
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