Pine Hill Concrete Mix Corporation v. Town of Newstead Zoning Board of Appeals

Judgment unanimously reversed on the law without costs, petition granted and matter remitted to respondent for further proceedings, in accordance with the following memorandum: On this record, respondent’s denial of petitioner’s application for a gravel pit permit was arbitrary and capricious (see, Matter of Pell v Board of Educ. 34 NY2d 222, 231). The proposed gravel pit operation is a permitted use contemplated by the Town of Newstead ordinance, subject only to "conditions” attached to its use to minimize its impact on the surrounding area (see, Matter of North Shore Steak House v Board of…