Justice Joseph Pastoressa
Avalonbay applied for a zone change with the Huntington Town Board regarding a parcel of real property to construct a multifamily residential development of a mix-market rate and affordable condominium and rental units. It submitted a Draft Environmental Impact Statement (DEIS). The board found the requirements of the State Environmental Quality Review Act were met, and a negative declaration was appropriate as the DEIS addressed all potential environmental impacts, recommending the requested change was for approval. Petitioners sought a declaration that a resolution approving the change was invalid as it constituted illegal spot zoning, and claimed the board failed to take a hard look at all of the potentially significant environmental impacts of the proposed development. The court noted petitioner corporation failed to identify its members or show they would have standing, finding they also failed to submit evidence supporting their claim of spot zoning. It found the change of zone did not permit for a use totally different from that allowed in the surrounding area. The court ruled the DEIS identified all relevant issues, thus the decision to issue a negative declaration had a rational basis. The petition was denied.
