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WEOK v. LLOYD PLANNING BD.

165 A.D.2d 578 (1991)

In the Matter of WEOK Broadcasting Corporation, Respondent, v. Planning Board of the Town of Lloyd, Appellant

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

April 25, 1991

Attorney(s) appearing for the Case

Di Stasi & Moriello (Thomas P. Halley of counsel), for appellant.

Van De Water & Van De Water (David D. Hagstrom of counsel), for respondent.

Drayton Grant for Scenic Hudson, Inc., amicus curiae.

MIKOLL and MERCURE, JJ., concur with YESAWICH, JR., J.; WEISS, J. P., and LEVINE, J., dissent in an opinion by LEVINE, J.

YESAWICH, JR., J.

Petitioner submitted a request to respondent for site plan approval to build an AM radio transmitter facility in Ulster County. The facility, to consist of five radio transmission towers not exceeding 245 feet in height, is a permitted use under the local zoning laws. Nevertheless, respondent, concerned about potential aesthetic impairment, issued a State Environmental Quality Review Act (ECL...

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