E.F.S. Ventures Corp., Appellant,
v.
Debra Foster et al., Respondents. (Proceeding No. 1.)
E.F.S. Ventures Corp., Appellant,
v.
Joseph DeChristofaro, Respondent. (Proceeding No. 2.)
Appellate Division of the Supreme Court of the State of New York, Second Department.https://leagle.com/images/logo.png
April 20, 1987
April 20, 1987
Attorney(s) appearing for the Case
Paul, Weiss, Rifkind, Wharton & Garrison (Edward N. Costikyan and Bruce Buremboim of counsel), for appellant.
Scheinberg, Schneps, DePetris & DePetris (Richard E. DePetris of counsel), for respondents.
LAWRENCE, J. P., EIBER and SPATT, JJ., concur; RUBIN, J., dissents and votes to reverse the judgments entered March 20, 1985, and dated July 29, 1985, respectively, and to grant the petitions of E.F.S. Ventures Corp. to the extent of annulling so much of the planning board's determination as imposed, as a condition for the approval of the petitioner's modified site plan, the removal of 10 motel units and the relocation of the access driveway to the development, remitting the matter to the planning board for reconsideration and implementation of an alternative measure not involving the removal of any motel units for mitigating the environmental impacts pertaining to interior traffic circulation for emergency vehicles and sight distance at the access driveway, and compelling the building inspector to issue 64 temporary certificates of occupancy, with an opinion.
Appellate Division of the Supreme Court of the State of New York, Second Department.
Per Curiam.
The petitioner, E.F.S. Ventures Corp., is the owner of approximately 5.2 acres of real property located on Old Montauk Highway in the Town of East Hampton. This property had been improved by a small motel and surrounding cottages which, collectively, were known as the Beachcomber. Shortly after purchasing the property, the petitioner submitted a site plan application to the respondent Planning Board of the Town...
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