January 11, 2017 at 3:51 PM
YORKTOWN, N.Y. - BJ's Wholesale Club in Yorktown can move forward with its plan to build a six-pump gasoline filling station after town approvals were upheld Monday by a state Supreme Court justice.
The lawsuit was filed in 2015 by three Yorktown gas station owners and Yorktown Smart Growth—a non-profit organization concerned with development and preservation. The challenged approvals rezoned a portion of the property and granted a special-use permit and site plan amendment for the filling station.
Judge Gretchen Walsh, presiding judge of the Environmental Claims Part for the New York State Ninth Judicial District, wrote in her 79-page decision that the town’s approvals were rational, consistent with the town’s comprehensive plan and zoning code, and were not “arbitrary or capricious,” according to David Steinmetz, who represented BJ’s and Urstadt Biddle, owner of Staples Plaza.
“We are pleased that BJ’s can move forward with providing this amenity to its members,” Steinmetz, said. “This gasoline filling station will be a welcome addition to the Staples Plaza, and will continue to bring economic growth, aesthetic improvements and vitality to the Town and surrounding community.”
Walsh also upheld the town’s determination under the New York State Environmental Quality Review Act that the gasoline filling station would not have the potential for any significant adverse environmental impacts. The member’s only station would be built in BJ’s existing parking lot in the Staples Plaza at 3303 Crompond Road.
“The court meticulously analyzed the record in this case and observed, in a 79-page decision, how carefully and thoughtfully both the town board and planning board went through the environmental and land use process,” Steinmetz said.
The gas stations and Yorktown Smart Growth also sued Breslin Realty, which owns property at 3200 Crompond Road, where a Costco Wholesale Club was once proposed. Like BJ's, the town also granted approvals for a gasoline filling station at Costco. The parties agreed to dismiss the lawsuit in October 2016 if a revised plan, with a Lowe's as the centerpiece, was approved. The revised plan includes no filling station.