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MORIARTY v. PLANNING BD.

119 A.D.2d 188 (1986)

Daniel Moriarty, Appellant, v. Planning Board of the Village of Sloatsburg, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 2, 1986

Attorney(s) appearing for the Case

Coral Ortenberg Mayer Zeck & Prier, P. C. (J. Martin Cornell and Reuben Ortenberg of counsel), for appellant.

Terry Rice for respondent.

THOMPSON, RUBIN and KUNZEMAN, JJ., concur.

LAZER, J. P.

The question is whether site plan approval may be denied by a village Planning Board on the ground that fire protection will be inadequate because the closest fire hydrants are too distant from the site. We conclude that rejection on such a ground exceeds the site plan review powers of a village Planning Board.

The property involved is a vacant parcel of industrially zoned land in the Village...

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