Dodson v. Planning Board of Town of Highlands

Kane, J. P.,

dissents and votes to affirm in a memorandum. Kane, J. P. (dissenting). In my view there is substantial evidence in the transcript of the two public hearings held herein to support respondent’s determination denying site plan approval for an underground propane gas distribution system of the magnitude proposed for this development.*

The record demonstrates that petitioner was granted special exception use permits and site plan approval for a 120-unit residential development together with an 18,000 square foot shopping center for retail and office use on approximately 25 *808acres of…