Westchester County Supreme Court dismisses petition against Firm client and City of New Rochelle Planning Board and upholds approval of 28 story mixed use building

In an Article 78 commenced by objecting neighbors, DDWWW successfully defended the approval obtained by our land use group for a 28-story, 504-unit mixed-use building at 570 Main Street in the City’s Downtown Overlay Zone (DOZ).  The substantial and extensive record developed before the Planning Board was key to the Court upholding the Planning Board’s determination under the State Environmental Quality Review Act and its site plan approval for the project. In a 77-page Decision & Order, the Hon. Gretchen Walsh, J.S.C. of the Environmental Claims Part, concluded that all relevant areas of environmental concern were identified and the requisite “hard look” was taken. The Court rejected petitioners’ arguments alleging exceedance of residential unit targets in the DOZ and upheld the traffic and parking analyses.  The Court also concluded that petitioners’ various allegations of environmental impacts were without merit. Accordingly, the Court denied and dismissed the petition, including all of petitioners’ claims under the State Environmental Quality Review Act and Open Meetings Law, clearing the path for the development of this exciting project. Read the full decision here.