Beekman Delamater Properties, LLC v. Village of Rhinebeck Zoning Board of Appeals

In a proceeding pursuant to CPLR article 78 to review a determination of the Village of Rhinebeck Zoning Board of Appeals dated January 6, 2015, which granted the application of the respondent Rhinebeck Village Place, LLC, for an area vari-anee, and two determinations of the Village of Rhinebeck Planning Board, both dated February 4, 2015, which adopted a negative declaration under the New York State Environmental Quality Review Act and granted the applications of the respondent Rhinebeck Village Place, LLC, for site plan approval and special permit approval, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Pagones, J.), dated May 22, 2015, which denied the amended petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

As the petitioner correctly contends, the doctrine of collateral estoppel precludes relitigation of the issue of standing herein because a prior CPLR article 78 proceeding involving the same parties resolved the issue in the petitioner’s favor. Any fact, question, or right distinctly adjudged in any prior action between the same parties may not be raised again in a subsequent action between them, even if the determination was reached upon an erroneous view or by an erroneous application of the law (see H&C Dev. Group v First Vt. Bank & Trust Co., 280 AD2d 643 [2001]; Killmer v Village of Whitehall, 81 AD2d 972 [1981]).

The petitioner contends that the Village of Rhinebeck Planning Board (hereinafter the Planning Board) erred in determining that the project would not result in the creation of a material conflict with the community’s current plans or goals as officially approved or adopted. Similarly, the petitioner contends that the Planning Board erred in determining that the project would not result in the impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or existing community or neighborhood character. Judicial review of the SEQRA process is limited to whether a determination was made in violation of lawful procedure, was affected by an error of law, or was arbitrary and capricious or an abuse of discretion (see Matter of Saint James Antiochian Orthodox Church v Town of Hyde Park Planning

Contrary to the petitioner’s contention, the Planning Board took the required hard look at the project proposal and set forth well-reasoned explanations for finding that the project would not result in any significant adverse environmental impacts. Specifically, the Planning Board found that the project would not result in the creation of a material conflict with the community’s current plans or goals as officially approved or adopted and that the project would not result in the impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or existing community or neighborhood character. The record establishes that the review conducted by the Planning Board comported with the procedural and substantive requirements of SEQRA (see Matter of City of Rye v Korff, 249 AD2d 470 , 471-472 [1998]).

The petitioner further argues that the grant of an area variance by the Village of Rhinebeck Zoning Board of Appeals (hereinafter the Zoning Board) permitting a front-yard setback of approximately 302 feet was unsupported by the record and constituted an error of law. “Local zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining whether the action taken by the board was illegal, arbitrary, or an abuse of discretion” (Matter of Matejko v Board of Zoning Appeals of Town of Brookhaven, 77 AD3d 949 , 949 [2010]; see Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d 608 , 613 [2004]). “Accordingly, on judicial review, the determination of a zoning board should be sustained if it is not illegal, has a rational

Here, the record establishes that the Zoning Board considered and properly weighed the relevant factors in determining to grant the area variance. Although the variance is indisputably substantial, there is no evidence that granting the variance would produce an undesirable change in the character of the neighborhood or have an adverse effect or impact on the physical and environmental conditions in the neighborhood or district, that the benefit to the applicant could be achieved by other means, or that the applicant’s difficulty was self-created (see Matter of Quintana v Board of Zoning Appeals of Inc. Vil. of Muttontown, 120 AD3d 1248 [2014]).

The petitioner argues that the site plan approval and special permit approval should be nullified for failure to comport with Village Center principles, which require, among other things, that buildings be constructed close to the sidewalk, off-street parking generally be located behind buildings and in the interior of lots, and buildings typically be located on small lots with small or non-existent front yards (see Village of Rhinebeck Zoning Law § 120-19). A local planning board has broad discretion in reaching its determination on site plan and special

Here, the Planning Board properly weighed the relevant statutory factors and its determination was not illegal, arbitrary or capricious. The Planning Board’s determinations that, due to the configuration of the lot and the project’s design, adherence to the front-yard setback requirement was not possible, development of the project otherwise met the principles established for the Village Center, and the inclusion of the health and wellness spa as a specially permitted ancillary use would have no greater impact on the site than the full development of the site with other permitted uses, had a rational basis (see Matter of Rivero v Voelker, 38 AD3d 784 [2007]).

Accordingly, the Supreme Court properly denied the amended petition and dismissed the proceeding.

Dillon, J.P., Austin, Hinds-Radix and Maltese, JJ., concur.