Motion to reconsider anticipated
Judge Francis A. Nicolai of the New York Supreme Court, Westchester County has dismissed one of three pending lawsuits against the Village of Mamaroneck by the Mamaroneck Beach & Yacht Club.

The motion against the village Planning Board and building inspector sought default approval for a site plan submitted to the board on Jan. 9, 2008 by the Mamaroneck Beach & Yacht Club.

In his decision, Nicolai states that “it is undisputed that this plan is virtually identical to the Modified Proposed Action (Alternative G)” which modified a site plan originally submitted in 2004. The board had conducted a State Environmental Quality Review for the site plan and issued a SEQRA findings statement on Oct. 26, 2007, that permitted the construction of 12 new seasonal residence units as part of an addition to the existing clubhouse.

Nicolai found that “automatic approval of their Amended Site Plan application would result in an approved site plan which conflicts with the SEQRA Findings Statement” from the original application.

In addition, Nicolai held that the part of the Village Code that provides for default approval is superceded by state law, which does not have a provision for default site plan approval.

Joel Sachs of Keane & Beane, P.C., who represents the club in this matter called the decision a technical dismissal, which is “not a decision on the merits of the case.”

Sachs also intends to file a motion to reconsider, about which he is cautiously optimistic, as he said, “I think the judge misunderstood the facts and the law.”

Steven Silverberg of Silverberg Zalantis LLP was pleased with the decision in what he said was a pretty simple case. “The judge adopted all the argument we made,” he said, “so we think it’s a good decision.”