Pyramid Co. of Auburn v. Town of Pittsford, 66 N.Y.2d 703 (1985)
A town board, under an ordinance granting it independent authority over site plan review, can disapprove a site plan based on traffic concerns, even after the Zoning Board of Appeals has conditionally approved a special use permit.
Summary
Pyramid Co., owner of a shopping center, sought to build a movie theatre. The Town of Pittsford Zoning Board of Appeals granted a conditional special use permit, but the Town Board rejected Pyramid’s site plan, citing adverse traffic impacts. Pyramid filed an Article 78 proceeding challenging the Town Board’s decision. The Court of Appeals reversed the Appellate Division’s decision, holding that the Town Board acted within its independent authority to review site plans and that its decision was supported by substantial evidence regarding traffic concerns, irrespective of the Zoning Board’s special use permit approval.
Facts
Pyramid Co. owned a regional shopping center in the Town of Pittsford.
Pyramid proposed constructing a seven-screen movie theatre within the shopping center.
The Zoning Board of Appeals conditionally approved a special use permit for the theatre.
The Town Board, however, rejected Pyramid’s site plan, finding that the theatre and its associated traffic would negatively impact public health, safety, and welfare.
Procedural History
Pyramid commenced a CPLR Article 78 proceeding to annul the Town Board’s rejection of its site plan.
Special Term dismissed the petition.
The Appellate Division reversed, finding that the Town Board exceeded its powers by effectively overruling the Zoning Board of Appeals.
The Court of Appeals reversed the Appellate Division, reinstating Special Term’s judgment, thus upholding the Town Board’s decision.
Issue(s)
Whether the Town Board, under its retained authority over preliminary site plans as expressly provided in the ordinance, could disapprove a site plan based on concerns about traffic impact, despite the Zoning Board of Appeals’ conditional approval of a special use permit.
Holding
Yes, because the Town Board acted under its independent powers, expressly provided in the ordinance regarding