(Download) "Matter Texaco Refining & Marketing v. John A. Valente" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Matter Texaco Refining & Marketing v. John A. Valente
- Author : Supreme Court of New York
- Release Date : January 17, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
DECISION & ORDER The petitioner is the owner in fee simple of the property located at 1451 Weaver Street in the City
of New Rochelle. There is a full-service gasoline station on the property. By application dated September 23, 1988, the petitioner
applied to the respondent Board of Appeals on Zoning of the City of Rochelle (hereinafter the Board) for a special use permit
allowing it to install self-service pumps and to create a convenience store in the building already existing on the property.
The petitioner also requested an area variance to permit it to install a canopy over the self-service area, the proposed canopy
having less than the statutorily required 30 foot setback from the street line. After a public hearing on the matter was held,
the board adopted a resolution denying the petitioner's application in its entirety. The petitioner then brought the instant
proceeding pursuant to CPLR article 78. The Supreme Court dismissed the proceeding, finding that the denials had a rational
basis and were supported by substantial evidence. The Board based the denial of the special use permit on its finding that the proposed use would increase traffic congestion.
The Board also noted that the proposed 24-hour operation of the new gas station would be totally out of character with the
neighborhood.
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