State Supreme Court Justice Leo J. Fallon has ordered the North Tonawanda Planning Commission to reconsider its approval of a developer's request to proceed with expansion of a development on Woodbury Drive.
In his ruling, Fallon agreed with North Tonawanda Mayor Elizabeth A. Hoffman, acting as mayor, and six other residents organized as the Homeowners Association of Ruie Road and Ohio Avenue, that the commission had left a number of environmental concerns unanswered by allowing developer Anthony Palumbo to continue plans for an 18-lot development in the subdivision located in the Wurlitzer Park area.
The plaintiffs contended continued work in the undeveloped area of the subdivision would destroy existing green space next to existing homes.
In his ruling, Fallon said the commission has a duty to adhere to "certain minimum requirements" in granting the subdivision permit, regardless of the project's size and scope.
"The actions of the . . . commission are so . . . flawed that this court has no choice but to annul its determination and to remand this matter for action . . . (in) accordance with this decision," the papers said.
He further ordered the commission to take a "hard look" at various environmental impact aspects of the proposed project on the area.