Opinion
February 2, 1990
Appeal from the Supreme Court, Oswego County, Donovan, J.
Present — Callahan, J.P., Denman, Green, Balio and Lawton, JJ.
Judgment unanimously reversed on the law without costs, and matter remitted to respondent for further proceedings, in accordance with the following memorandum: Petitioners appeal from a judgment denying their CPLR article 78 petition seeking annulment of a decision of respondent Planning Board which denied their application for a special permit. There is no resolution or determination of the Planning Board in the record before this court. The record contains only the conclusory statements of two Board members concerning the reasons for their disapproval of the application. There is no substantial evidence in this record to support the Board's action and accordingly, the judgment is reversed and the petition to annul is granted. We direct the Planning Board to issue the permit, and we remit this matter to the Board to consider whether any reasonable conditions consistent with the ordinance should be imposed (see, Matter of Kidd-Kott Constr. Co. v Lillis, 124 A.D.2d 996, 997).