Matter West Branch Conservation Association v. Planning Board

Petitioner is a not-for-profit corporation located in Rockland County. One of its purposes is to protect the western watershed of the Hackensack River within the County. Respondents Orchards of Concklin and Concklin Farms own approximately 94 acres of agricultural land in the County that they are interested in selling to relieve them of financial difficulties and thereby avoid the threat of foreclosure. Respondents Graylynn Homes and Joseph Laico (hereinafter collectively referred to as the developers) seek to purchase the 94 acres of land in order to develop single-family dwellings thereon (hereinafter the subdivision). On August 9, 1988, respondent Planning Board of the Town of Ramapo classified the subdivision as a Type 1 action and determined that it would have no significant impact on the environment and would not require the preparation of a draft environmental impact statement. The Planning Board therefore issued a negative declaration relating to the subdivision. On November 1, 1988, the Planning Board granted final approval to the subdivision. Thereafter, petitioner commenced this CPLR article 78 proceeding asserting violations of the State Environmental Quality Review Act (ECL art 8) (hereinafter SEQRA) seeking to annul final approval of the subdivision. Supreme Court dismissed the petition and this appeal ensued. Briefly, the facts dispositive of this appeal are as follows. The subdivision is divided into two portions of approximately 47 acres each and are designated Tanglewood Estates-West and Joseph Laico, respectively. The Tanglewood Estates-West portion is further partitioned into two sections. The first section is approximately 23 acres and will remain in its natural state as an orchard for an indefinite period of time. The second section is approximately 24 acres and will be used to construct 10 single-family dwellings. The Joseph Laico [177 A.D.2d 917 Page 918]