Century Concrete Corp. v. Zoning Board of Appeals

—Crew III, J.

Appeal from a judgment of the Supreme Court (Torraca, J.), entered April 14, 1997 in Ulster County, which dismissed petitioner’s application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment to, inter alia, review a determination of respondents denying petitioner’s request for a building permit.

In April 1996, petitioner filed an application with the Planning Board of the Town of Saugerties seeking approval to build a portable concrete batching plant on a five-acre site located in the Town of Saugerties, Ulster County. The proposed plan…