David Steinmetz, Jody Cross & Matthew Pisciotta Successfully Defend Approvals Issued To Yorktown BJ’s Wholesale Club

By Decision & Order, dated January 9, 2017, Judge Gretchen Walsh, presiding Judge of the Environmental Claims Part for the New York State Ninth Judicial District, upheld land use approvals granted by the Town of Yorktown to BJ’s Wholesale Club, which would allow BJ’s to construct a gasoline filling station as an amenity for its members at its existing location in the Staples Plaza, 3303 Crompond Road in Yorktown Heights. The challenged approvals rezoned a portion of the property and granted a Special Use Permit and site plan amendment for the gas service station.

The action was brought by local competitor gas stations, as well as Yorktown Smart Growth, which considers itself a “watchdog” regarding the implementation of the Town’s land use goals and policies. Judge Walsh, in her well-reasoned 79-page Decision, determined that the Town’s approvals were rational, consistent with the Town’s Comprehensive Plan and Zoning Code, and were not “arbitrary or capricious.” She also upheld the Town’s determination under the New York State Environmental Quality Review Act (“SEQRA”) that the gasoline filling station – which will be located in an underutilized section of the already existing parking lot – would not have the potential for any significant adverse environmental impacts.

The case is captioned Yorktown Smarth Growth, et al. v. Town of Yorktown, et al., Index No. 1880-15 (Sup. Ct. Westchester Cnty. Envtl. Claims Pt.) (Walsh, J.).

A copy of the Decision & Order can be viewed here.