February 5, 1998 Bartlett, Pontiff, Stewart Rhodes, Lake Placid ( Thomas A. Ulasewicz of counsel), for petitioners. Shanley, Sweeney, Reilly Allen, P. C., Albany ( J. Michael Naughton of counsel), for respondent. YESAWICH JR., J. In October 1994, petitioner Wal-Mart Stores, Inc. (hereinafter petitioner) applied to respondent for a conditional use permit and site plan approval for a large retail store it proposed to construct and operate in the Town of North Elba, Essex County ( see, Matter of Wal-Mart

2012-02-21 ANSCHUTZ EXPLORATION CORPORATION, Petitioner, Plaintiff,For a Judgment Pursuant to Articles 78 and 3001 of the Civil Practice Law and Rules, v. TOWN OF DRYDEN and Town of Dryden Town Board, Respondents, Defendants. The West Firm, PLLC, by Thomas S. West, Esq., Yvonne E. Hennessey, Esq., Albany, Attorneys for Petitioner–Plaintiff, Anschutz Exploration Corp. Mahlon R. Perkins, P.C. by Mahlon R. Perkins, Esq., Dryden, Attorney for Respondents–Defendants, Town of Dryden and Town of Dryden

July 1, 1993 Appeal from the Supreme Court, Saratoga County, Dominick J. Viscardi, J. David W. Little, Burnt Hills, for appellants. Desmond Holsberger, Scotia (John L. Desmond of counsel), for respondent. CASEY, J. Pursuant to the Town of Ballston Zoning Law, soil mining is designated as a permissible use and may be allowed by special use permit granted by respondents. To be entitled to a special use permit, the applicant must meet the four standards or guidelines set forth in Town of Ballston Zoning

December 17, 1992 Appeal from the Supreme Court, Clinton County (Ryan, Jr., J.). Mikoll, J.P. In November 1989 petitioner Pete Drown, Inc. (hereinafter petitioner) contacted respondent concerning the establishment of a medical waste incinerator in the Town of Ellenburg, Clinton County. On December 11, 1989 respondent passed a resolution (Resolution No. 36) by unanimous vote opposing the plan and instructed the Town Attorney to research and draft a local law or ordinance regulating dumping in the

Subject to the constitution and general laws of this state, every city is empowered: 1. To contract and be contracted with and to institute, maintain and defend any action or proceeding in any court. 2. To take, purchase, hold and lease real and personal property within and without the limits of the city; to acquire pursuant to the provisions of the eminent domain procedure law, real property within or without the limits of the city for the construction, maintenance and operation of a sewage disposal

1. Purpose. Before the approval by the planning board of a plat showing lots, blocks or sites, with or without streets or highways, or the approval of a plat already filed in the office of the clerk of the county wherein such plat is situated if the plat is entirely or partially undeveloped, the planning board shall require that the land shown on the plat be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, drainage or other menace

1. Legislative findings and intent. The legislature hereby finds and determines that: (a) Significant decisions and actions affecting the immediate and long-range protection, enhancement, growth and development of the state and its communities are made by local governments. (b) Among the most important powers and duties granted by the legislature to a town government is the authority and responsibility to undertake town comprehensive planning and to regulate land use for the purpose of protecting

1. Definitions. As used in this section: (a) "Use variance" shall mean the authorization by the zoning board of appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations. (b) "Area variance" shall mean the authorization by the zoning board of appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations. 2. Orders, requirements, decisions, interpretations

1. Definition of special use permit. As used in this section the term "special use permit" shall mean an authorization of a particular land use which is permitted in a zoning ordinance or local law, subject to requirements imposed by such zoning ordinance or local law to assure that the proposed use is in harmony with such zoning ordinance or local law and will not adversely affect the neighborhood if such requirements are met. 2. Approval of special use permits. The town board may, as part of a

(a) To promote effective development, use, or conservation of the natural resources of oil and gas, an order establishing well spacing may be promulgated by the department. (b) Prior to promulgation of any spacing order, a public hearing on the matter will be conducted by the department acting either on its own motion or upon receipt of an application therefor from any interested owner or operator. (c) Any application for a spacing order shall be made in writing and should include any information

No well shall be located nearer than 100 feet from any inhabited private dwelling house without written consent of the owner; nearer than 150 feet from any public building or area which may be used as a place of resort, assembly, education, entertainment, lodging, trade, manufacture, repair, storage, traffic or occupancy by the public; nearer than 75 feet to the traveled part of any State, county, township, or municipal road or any public street, road or highway; or nearer than 50 feet from any public