92 A.D.2d 868 | N.Y. App. Div. | 1983
In a proceeding pursuant to CPLR article 78, inter alla, to compel respondent Hornik, the Superintendent of Highways and County Engineer of Rockland County, to issue permits to open a county road so that water pipes and mains could be installed, to permit access of a subdivision street as shown on an approved filed subdivision plat to the county road, and for a driveway access permit, the appeal is from a judgment of the Supreme Court, Rockland County (Ruskin, J.), dated July 3,1981, which dismissed the proceeding on the merits. Judgment affirmed, without costs or disbursements. This proceeding arises out of the denial by the respondent, the Superintendent of Highways and County Engineer of Rockland County, of an application to allow the opening of New City-Congers Road, a county road, for purposes of installing and connecting water pipes and mains with pipes and mains in Conrad Lane, a proposed subdivision street. Petitioner also sought and was denied permission to connect Conrad Lane with the county road and a driveway entrance permit for access from a lot in the proposed subdivision to the said county road. The necessary procedures for the processing of an application for approval of a proposed subdivision plat, including the review of the proposed plat by the county planning board and the county superintendent of highways, are contained in section 239-k of the General Municipal Law. In this case, after various correspondence and submissions by the respondent to the Planning Board of the Town of Clarkstown, the Department of Highways of the County of Rockland, by letter dated June 5, 1979, relinquished the opportunity to act in a lead agency status as to the location, design and tie-in of Conrad Lane with New City-Congers Road, to the Department of Environmental Control of the Town of Clarkstown. The Department of Environmental Control, by letter dated June 22, 1979, advised the then property owner as follows: “this department still believes that the proposed project will result in no major impact and, therefore, is one which may not cause significant damage to the environment. You are reminded that the final plans as they affect New City-Congers Road must be approved and permits issued by the Rockland County Highway Department prior to the commencement of work.” Thereafter, by separate submissions to the town planning board in July and August, 1979, the county highway department and the county planning board recommended disapproval of the plat upon the ground that the new proposed street would intersect the existing county road at an unsafe location. Pursuant to a further request by the town planning board for a report and recommendations, the Rockland County Highway Department made the following recommendations on January 28, 1980: “1. The proposed new street access to New City-Congers Road is at an unsafe location with poor motorist and pedestrian sight distance, a. The area of lot # 8 would be a better location for the road. 2. The drainage at the proposed intersection is not to County regulations. 3. The widening strip is satisfactory.” In its General Municipal Law review made in January and/or February, 1980, the Rockland County Planning Board noted the adverse recommendation of the highway department in its report dated January 28, 1980 and repeated that recommendation verbatim. By resolution, dated February 13, 1980, the town planning board granted conditional preliminary approval to the subdivision plat, conditioned upon completion of certain modifications, and provided for final approval of the map by indorsement of the chairman at his convenience upon payment of any fees due, etc. This approval by the town planning board was unanimous, notwithstanding the disapproval of the county planning board and of the county highway department. The final map approval was indorsed on December 4,1980 and the subdivision map was filed December 8, 1980 in the Rockland County Clerk’s office with general