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MATTER OF R.J. VALENTE GRAVEL, INC. v. TOWN OF KINDERHOOK

250 A.D.2d 1014 (1998)

673 N.Y.S.2d 265

In the Matter of R.J. Valente Gravel, Inc., Appellant, v. Town of Kinderhook et al., Respondents

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

May 21, 1998

Peters, J.

Respondent Town of Kinderhook Planning Board, acting as "lead agency" pursuant to the State Environmental Quality Review Act (ECL art 8) (hereinafter SEQRA), denied petitioner's application for a special use permit (see, Town Law § 274-b [2]), required pursuant to the Town of Kinderhook Zoning Ordinance (art III, § 81-27 [D] [9]), to operate a sand and gravel mine on State Route 203, approximately three miles south of the Village...

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