Board Of Appeals Determination To Vary Site Plan Approval For Convenience Store Affirmed

In a decision issued May 18, 2022, the Appellate, Second Department affirmed the judgment of the Supreme Court which had granted the motion of the Town of Hempstead’s Board of Appeals to dismiss 7-Eleven, Inc’s petition challenging the Board of Appeal’s decision to vary a site plan approved by the Department of Buildings for the construction of a convenience store to eliminate a curb cut.   In an action filed before the Nassau County Supreme Court, 7-Eleven challenged the Board of Appeals decision which concluded that the approval granted by the Department of Buildings would cause a hazardous traffic condition.  After the Court granted the Town’s motion to dismiss, 7-Eleven appealed.  The Appellate Court affirmed the dismissal holding that the decision to vary the prior approval had a rational basis and did not constitute an abuse of discretion.

The Town of Hempstead Board of Zoning Appeals was represented by Peter Sullivan, Esq., a member of the Firm’s litigation Department.

A copy of the decision:  Matter of 7-Eleven, Inc. v Town of Hempstead