Bibeau v. Village Clerk of Village of Tuxedo Park
Opinion of the Court
— In a proceeding pursuant to CPLR article 78 to
Ordered that the judgment is affirmed, with costs.
The petitioners’ contention that they are entitled by default to final approval of a plat submitted to the Planning Board of the Village of Tuxedo Park because the Planning Board failed to act within the 60-day period prescribed by Village Law § 7-728 (1) is without merit. An application for final plat approval is not deemed complete until a draft environmental impact statement (hereinafter DEIS) has been dispensed with or accepted and the statutorily prescribed 60-day period does not commence to run until the application is complete (see, Matter of Sun Beach Real Estate Dev. Corp. v Anderson, 98 AD2d 367, 376, affd 62 NY2d 965). The record reveals that upon remittitur to the Planning Board from the Supreme Court following an earlier proceeding, the Planning Board issued a positive declaration, i.e., that the proposed subdivision might significantly affect the environment, and required that a DEIS be submitted. The petitioners have not yet submitted the DEIS and, therefore, his demand for final plat approval by default was premature (cf., Tayntor v New York State Dept. of Envtl. Conservation, 130 AD2d 571).
We further hold that the petitioners are not entitled to have their application "grandfathered” so as to avoid the adverse impact of the amended zoning law requiring a four-acre minimum lot size. As a general rule, an appellate court must apply the law as it exists at the time of its decision unless "special facts” are present to demonstrate that the municipality acted in bad faith and unduly delayed acting upon an application while the zoning law was changed (see, Matter of Alscot Investing Corp. v Incorporated Vil. of Rockville Centre, 64 NY2d 921; Matter of Pokoik v Silsdorf, 40 NY2d 769; Matter of Triangle Inn v Lo Grande, 124 AD2d 737, 739). Upon this record, the "special facts” exception has not been established so as to entitle the petitioners to equitable relief. Although the Planning Board had initially offered to treat the petitioners’ application as grandfathered because it had been submitted prior to the moratorium period in effect for 10 months until the recent zoning amendment was adopted, the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.