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BONGIORNO v. PLANNING BD. OF THE INC. VILL. OF BELLPORT

143 A.D.2d 967 (1988)

William Bongiorno, Respondent, v. Planning Board of the Incorporated Village of Bellport, Appellant

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

October 31, 1988

Ordered that the judgment is affirmed, with costs.

Although we are in accord with the conclusion reached by the Supreme Court, we disagree with one aspect of its reasoning. While a village planning board does not have the authority to deny final site plan approval generally, based upon its determination that the proposed development will be deleterious to the health, safety, and general welfare of the community, it does have the authority to consider these general...

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