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Abramson v. Miller

Citation: 5 ELR 20660
No. No. 73-17475, (N.Y. Sup. Ct., 05/30/1975)

A local planning board's preliminary approval of a subdivision plat for a dunes area is revoked. In determining that the parcel was not tidal wetlands within the meaning of a New York state law protecting such areas, the board failed to consider a major portion of the statutory definition of tidal wetlands and further failed to apply its own rule that the finished grade at all points within a subdivision must be a minimum of ten feet above mean sea level. The matter is referred back to the planning board for further factual determinations and revised findings in accordance with board rules and applicable state and local requirements. The court notes that the board may, under the town zoning ordinances, give weight to "ecological factors" in determining the appropriate development density of the parcel.

Counsel for Petitioners
David Sive
Winer, Neuburger & Sive
425 Park Avenue
New York, N.Y. 10022

Counsel for Respondents
Smith, Finkelstein, Lundberg, Baisley & Yakaboski
458 Griffing Ave.
Riverhead, N.Y. 11901

Counsel for Respondent-Intervenor Gansett Dunes
Scheinberg, Wolf, Lapham, DePetris & Pruzansky
320 Roanoke Ave.
Riverhead, N.Y. 11901