Ossining City Zoning Code
Article
X Planning Board; Conditional Uses; Site Plan Review
§ 270-50 Creation, appointment, organization and membership of Planning Board.
[Amended 12-20-2017 by L.L. No. 9-2017]
A.
There shall be a Planning Board of seven members pursuant to Article VII, § 7-718 of the Village Law, each to be appointed for a term of five years. Vacancies shall be filled by appointment for the unexpired term. Members and the Chairperson of such Planning Board shall be appointed by the Village Manager. At least two of the members of the Planning Board shall have practical experience in the fields of architecture, civil engineering, planning, real estate or land development.
B.
Members whose terms have expired shall continue to serve as members of the Planning Board until the member is reappointed, resigns or a new member is appointed in place of the departing member.
C.
A member may be appointed to a maximum of two consecutive terms (10 years). If the member has served for two consecutive terms, that member must be off the Planning Board for one year before applying for appointment to the Planning Board.
D.
All members of the Planning Board shall be required to attend a minimum of 75% of the Planning Board meetings within a calendar year.
E.
Noncompliance with minimum requirements relating to attendance at meetings shall be deemed a proper cause for removal from office by the Board of Trustees.
F.
Each member of the Planning Board shall complete, at a minimum, four hours of training each year designed to enable such members to effectively carry out their responsibilities. Training received by a member in excess of four hours in any one year may be carried over by the member into succeeding years in order to meet the training requirements. Such training may include programs offered by the New York State Department of State, New York State Department of Environmental Conservation, Westchester County Planning Department, Westchester Municipal Planning Federation, and such other entities as well as in-house updates and seminars. The Village Manager, after discussion with the Director of Planning and Development and the Planning Board Chairperson, shall annually designate such seminars, workshops, or continuing education courses which may be offered within a reasonable distance.
G.
Noncompliance with minimum requirements relating to training shall be deemed a proper cause for removal from office by the Board of Trustees.
H.
The Chairperson of the Planning Board shall notify the Village Manager and the Director of Planning and Development in writing on or about December 1, or at any time if so warranted, of any member who fails to comply with the minimum requirements for meeting attendance and/or training requirements in any calendar year.
I.
No decision of the Planning Board shall be voided or declared invalid because of a member's failure to comply with the annual attendance and/or training requirements.
§ 270-51 Conditional uses.
A.
On application, and after public notice and hearing, the Planning Board may authorize the issuance by the Building Inspector of permits for any of the conditional uses for which this chapter requires such permits in the district in which such use is proposed to be located. In approving any such use, the Planning Board shall take into consideration and make any necessary modifications to the site plan to ensure the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular and may prescribe such appropriate conditions and safeguards as may be required in order that the result of its action shall, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives, in particular:
(1)
That all proposed structures, equipment or material shall be readily accessible for fire, ambulance and police protection.
(2)
That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
(3)
That the proposed use will be consistent with the requirements of this chapter, the Code of the Village of Ossining, the Village of Ossining Comprehensive Plan and other applicable plans and regulations.
(4)
That the proposed use will not overload any public water, drainage or sewer system or any other municipal facility.
(5)
That the proposed use will not result in excessive off-premises noise, dust, odors, solid waste or glare.
(6)
That the use will be suitable for the property on which it is proposed, considering the property's size, location, topography and natural resources.
(7)
That, in addition to the above, in the case of any use located in, or directly adjacent to, a residence district:
(a)
The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with said residence district or conflict with the normal traffic of the neighborhood.
(b)
The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
(c)
The subject property is adequately sized and suitably configured to provide screening needed to the adjacent residential district.
B.
Each application for a conditional use shall be accompanied by a proposed plan showing the size and location of the lot and the location of all buildings and proposed facilities, including access drives, parking areas and all streets within 200 feet of the lot.
C.
In addition to publication of notice of all public hearings as required by law, the Planning Board shall cause such notice to be mailed at least 10 days before the hearing to all owners of property which lies within 300 feet of any boundary line of the property which is the subject matter of the applications and to such other owners as the Planning Board may deem advisable. The names of said owners shall be taken as they appear on the last completed tax roll of the Village. Provided that due notice shall have been published as required by law and that there shall have been substantial compliance with the remaining provisions of this section, the failure to give notice in exact conformance herewith shall not be deemed to invalidate action taken by the Planning Board in connection with such application.
E.
Any use for which a conditional use permit may be granted shall be deemed to be a conforming use in the district in which such use is located, provided that such permit shall affect only the lot, or portion thereof, for which such permit shall have been granted.
F.
The Planning Board may require that conditional use permits be periodically renewed. Such renewal shall be granted following due public notice and hearing and may be withheld only upon a determination by the Planning Board to the effect that such conditions as may have been prescribed by the Planning Board in conjunction with the issuance of the original permit have not been or are no longer being complied with. In such cases, a period of 60 days shall be granted to the applicant for full compliance prior to the revocation of said permit. The sixty-day time period for full compliance only applies for the first violation. If any subsequent violation occurs, the conditional use permit will be revoked.
§ 270-52 Site development plan rules and regulations.
A.
No site development plan approval shall be required for single-family or two-family detached residential uses that are requesting additions, alterations or structures accessory thereto. All other principal uses, including the construction of single-family or two-family detached residential uses that are part of a proposed subdivision, and all conditional or special permit uses shall require a site development plan approval prior to the issuance of a building permit or certificate of occupancy. No lot or parcel of land shall be used except in conformity with an approved site development plan, when required.
B.
Objectives. In considering and acting upon site development plans, the Planning Board shall take into consideration the public health, safety and welfare and the comfort and convenience of the public in general and of the prospective occupants of the proposed development and of the immediate neighborhood, in particular, and may prescribe such appropriate conditions and safeguards as may be required in order to further the expressed intent of this chapter and to accomplish the following objectives, in particular:
(1)
Traffic access. All proposed traffic access will be adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other major access points; located on a roadway capable of adequately and safely handling the additional traffic; and will provide for other similar safety considerations.
(2)
Circulation and parking. Adequate off-street parking and loading spaces are provided to prevent parking of vehicles on public streets. The interior circulation system will be adequate to provide safe accessibility to all required off-street parking.
(3)
Landscaping and screening. All recreation areas, parking and service areas will be reasonably screened from the view of adjacent residential lots and streets at all seasons of the year. As approved by the Planning Board or the Building Inspector, a bond shall be posted for the maintenance and/or replacement of the screening.
(4)
Compatibility. Signs and lights will be compatible and in scale with building elements and will not represent significant impact on the environment or result in a waste of the land and other natural resources of the Village. To the greatest possible extent, development will be in harmony with the natural environment, and adequate compensatory devices will be prescribed to offset potential significant deterioration resulting from the project. Signs shall conform to size, shape, color, materials and location as called for by the Planning Board and/or Building Department.
(5)
Development. The site development plan elements, including buildings, parking, drainage, utility services, circulation, signs and lighting, will not adversely affect the potential of adjacent properties or the property under review from its highest and best use and will not exceed the capabilities of existing municipal roads or utility services, including, but not limited to, water and sewer.
(6)
Complete streets. The Village's adopted Complete Streets Policy shall be considered and applied by the Planning Board when deemed context appropriate in the review and approval of site development plans under the provisions of this chapter. The application of such Complete Streets Policy, which seeks to encourage convenience of access and mobility on any sidewalk, street and highway by all users of all ages and abilities, including motorists, pedestrians, bicyclists, and public transportation users through the use of complete streets design features, shall include consideration of best practices, as may be evidenced by guidelines and criteria such as those established by the American Association of State Highway Transportation Officials (AASHTO), New York State Department of Transportation (NYS DOT), United States Department of Transportation Federal Highway Administration Office of Safety (US DOT, FHWA), and the National Complete Streets Coalition, as well as those requirements included in the Americans with Disability Act (ADA) and the Village of Ossining Comprehensive Plan.
[Added 7-15-2015 by L.L. No. 4-2015]
C.
Procedure. The Planning Board shall follow procedures as prescribed by Article 7, § 7-725, of the Village Law and by this chapter.
(1)
Prior to application for a building permit, certificate of occupancy or certificate of use, where required, site development plan approval shall be secured from the Planning Board. The applicant has the option of choosing between a formal application for approval and an informal submission for review. For purposes of an informal submission, the applicant should provide as much information as required by the Planning Board. The preapplication review by the Planning Board shall not constitute a formal review, and no approval can be granted based on it. At this time, the applicant should outline any modifications he/she is requesting from the requirements specified herein.
(2)
Submissions for site development plan review shall be made on forms prescribed by the Planning Board and accompanied by a fee in accordance with the Standard Schedule of Fees of the Village of Ossining.[1] Such submission shall be submitted to the Planning Board Secretary by the designated deadline as prescribed by the Planning Board.
[1]
Editor's Note: The Schedule of Fees is on file in the Village offices.
(3)
Prior to final action, the Planning Board may refer any matter involving any of the areas specified in Article XIII, § 270-59D, and §§ 277.61 and 277.71 of the Westchester County Administrative Code, and §§ 239-l, 239-m and 239-n of the New York State General Municipal Law to the Westchester County Planning Board.
D.
Site plan elements. The applicant shall cause a site plan map to be prepared, at a scale sufficient in size to permit an adequate review, by an architect, civil engineer, surveyor, landscape architect or allied field. The site plan shall include those of the elements listed herein which are appropriate to the proposed development or use as indicated by the Planning Board in the presubmission conference. This information, in total, shall constitute the site plan and shall be the same information, drawings and supplementary material normally understood to be completed working drawings.
(1)
Legal data.
(a)
Section, block and lot number of the property taken from the latest tax records.
(b)
Name and address of applicant and notarized authorization of owner if different from applicant.
(c)
Name and address of owners(s) of record, if different from applicant.
(d)
Name and address of person or firm preparing the plan and map.
(e)
Ownership intentions, such as purchase options.
(f)
Current zoning classification of property, including exact zoning boundary if in more than one district.
(g)
Property boundary line plotted to scale. Distances, angles and area should be shown.
(h)
North arrow, scale and date.
(i)
Locations, widths, elevations and names of existing and proposed adjacent streets.
(j)
Property lines and names of owners of adjoining parcels.
(k)
Location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within and adjoining the property.
(l)
Description of all existing deed restrictions or covenants applying to the property.
(m)
Record of the application and approval status of all necessary state and county permits must be received before issuance of a building permit.
(2)
Natural features.
(a)
Geologic features, such as depth to bedrock and the location of rock outcrops.
(b)
Topographic features, including a map showing existing contour intervals of no more than five feet. Two-foot contour intervals should be required if the topography is relatively flat. Areas of steep slopes should be delineated as necessary.
(c)
Vegetative cover, including existing wooded areas, significant isolated trees and similar features.
(d)
Soil characteristics, such as load-bearing capacity and drainage capacity.
(e)
Hydrologic features should include drainage and runoff patterns, flood hazard areas, wetlands and depth to groundwater.
(3)
Existing structures and utilities.
(a)
Location and dimensions of major buildings and structures.
(b)
Location and width of roads and paths, including site access.
(c)
Location, size and flow direction of sewers, water supply lines and culverts. Major electric, gas and telephone lines and appurtenances should also be shown.
(d)
Location of other existing development and uses, including parking and loading areas, fences, trees and landscaping.
(4)
Proposed development.
(a)
Grading and drainage plan showing proposed topography at appropriate contour intervals. This information can be combined with the map of existing topography if it can be clearly depicted.
(b)
Location, proposed use and height of buildings and other structures, such as retaining walls, fences, outdoor storage tanks, air-conditioning units and waste disposal units.
(c)
Location, proposed use, design and construction materials of improvements not requiring structures, such as parking, loading and outdoor storage areas.
(d)
Location and arrangement of site access and egress, including all paths for pedestrian and vehicular travel within the site. Information should include profiles and cross-sections of roadways and sidewalks showing grades, widths and location and size of utility lines.
(e)
Location and size of water and sewer lines, hydrants and appurtenances. Any means of water supply or sewage disposal other than extensions of existing systems should be described, including location, design and construction materials.
(f)
Location, design and construction materials of all energy distribution facilities, including electric, gas and solar energy.
(g)
Location, size and design of all outdoor lighting facilities and public address systems.
(h)
Location, size, design and construction materials of all outdoor signs.
(i)
General landscaping plan and planting schedule, including the treatment of buffer areas and the location and types of trees to be planted.
(j)
Additional specifications for materials.
(k)
Location of all stormwater drainage and best management practices in accordance with Chapter 227, Stormwater Management and Erosion and Sediment Control.
(l)
An outline of any proposed easements, deed restrictions or covenants.
(m)
Any contemplated public improvements on or adjoining the property.
(n)
Any proposed new grades, indicating clearly how such grades will meet existing grades of adjacent properties on the street.
(o)
If the site plan only indicates a first stage, a supplementary plan shall schematically indicate the theoretically possible ultimate development by means of showing the approximate location of all structures, vehicular circulation and parking. The supplementary plan shall include all contiguous lots in the same ownership as the lot(s) contained on the site plan.
E.
Informal review and pre-submission conference. An applicant, at his/her discretion, may submit, prior to a formal application for final site development plan approval, an application for informal site development plan review. The applicant shall submit all application materials in as much detail as the Planning Board shall determine it requires to come to a preliminary conclusion as to the merits of the proposal. Should variances from the requirements of this chapter be contemplated, their nature and degree should be specified. In the event an applicant needs both Planning Board approval and a use or area variance from the Zoning Board of Appeals, the applicant should apply to the Planning Board first. In such case, the Planning Board shall promptly refer the matter to the Zoning Board of Appeals. The Planning Board shall not approve the application until any required variances have been approved by the Zoning Board of Appeals.
F.
Procedures to ensure that local actions comply with the Local Waterfront Revitalization Program (LWRP) policies.
(1)
Planning Board. The Planning Board shall notify the Village Manager and Waterfront Commission of pending actions using a coastal assessment form. It shall then find and certify, in writing, that:
(a)
The action will not substantially hinder the achievement of any of the policies and purposes of the LWRP;
(b)
If the action will substantially hinder the achievement of any policy of the LWRP, the following three requirements are satisfied: no reasonable alternatives exist which would permit the action to be undertaken in a manner which would not substantially hinder the achievement of such policy; the action will minimize all adverse effects on such policy to the maximum extent practicable; and the action will result in an overriding regional or statewide public benefit. Such certification shall constitute a determination that the action is consistent to the maximum extent practicable with the LWRP; or
(2)
The Planning Board shall prepare its written findings and certification according to the same schedule required for approval/disapproval of conditional use requests, site plans and subdivision plats. The written findings and certification of consistency shall be filed with the Village Clerk before an action is undertaken. No action under the Planning Board's jurisdiction shall occur without the Board having certified that the action is consistent with the policies and purposes of the LWRP.
(3)
Village Board.
(a)
The Village Board or a Village agency, when proposing to undertake, approve or fund a Type I or unlisted action in the waterfront area, shall prepare or cause to be prepared a coastal assessment form for the proposed action.
(b)
Following the preparation of an environmental impact statement (EIS) or the issuance of a negative declaration pursuant to SEQRA, a Village agency shall refer the coastal assessment form (CAF), any EIS or other pertinent information for that action to the Village Manager and to the Village Board which reviews and determines whether the action is consistent with the policies and purposes of the LWRP.
(c)
Prior to its undertaking, approving or funding a proposed Type I or unlisted action in the waterfront area, and for each action referred by a Village agency, the Village Board shall find and certify that the action is or is not inconsistent with the LWRP. [See findings above under the Planning Board procedures, Subsection F(2).]
(d)
The Village Board shall complete its review of the proposed action's consistency and prepare a written finding to the referring Village agency within 30 days of the referral date. The Village Board may refer such actions for review to any municipal agency, including, but not limited to, the Planning Board, Village Manager's Office, Building Department, Zoning Board of Appeals, Village Engineer, Historic Review Commission, Environmental Advisory Council and Waterfront Commission.
(e)
The written findings and certification of the Village Board shall be filed with the Village Clerk before the action is undertaken, approved or funded.
(f)
No action shall be undertaken, approved or funded unless the Village Board certifies its consistency with the policies and purposes of the LWRP.
G.
Final review and approval.
(1)
An applicant, at his/her discretion, may submit, for final site development plan approval, an application. The applicant shall submit all application materials as required by § 270-52D. Should variances from the requirements of this chapter be contemplated, their nature and degree should be specified. In the event an applicant needs both Planning Board approval and a use or area variance from the Zoning Board of Appeals, the applicant should apply to the Planning Board first. In such case, the Planning Board shall promptly refer the matter to the Zoning Board of Appeals. The Planning Board shall not approve the application until any required variances have been approved by the Zoning Board of Appeals.
(2)
The Planning Board will review the proposed plan with the general and specific criteria set forth in this chapter and other applicable rules and regulations of the Village of Ossining, state or county. The Planning Board shall authorize the setting of a public hearing for consideration of final site development plan approval. In addition to publication of notice of such public hearing as required by law, the Planning Board shall cause such notice to be mailed at least 10 days before the hearing to all owners of property which lies within 300 feet of any boundary line of the property which is the subject matter of the application and to such other owners as the Planning Board may deem advisable. The names of said owners shall be taken as they appear on the last completed tax roll of the Village. Provided that due notice shall have been published as required by law and that there shall have been substantial compliance with the remaining provisions of this section, the failure to give notice in exact conformance herewith shall not be deemed to invalidate action taken by the Planning Board in connection with such application. In the event that a conditional use approval is required, the Planning Board shall simultaneously consider both applications. In reviewing a site development plan application which has been granted a special permit by the Village Board, the Planning Board shall ensure conformity with any special permit requirements. The final site development plan and all supporting materials shall be subject to review and consultation. The Board shall make a determination on the application within 62 days of the close of the public hearing. In the event that no determination is made within 62 days and the applicant has not waived the time requirements, the application shall be deemed approved. The Board shall include such conditions of approval as were required and in addition:
(a)
The Planning Board shall require that on- or off-site improvements be installed, including, but not limited to, on- or off-site drainage systems to ensure that all drainage, storm runoff and subsurface waters are carried into approved watercourses and drainage systems shown on the Official Map. The Planning Board shall further require that all such off-site improvements and/or drainage systems be installed on property granted to the Village by fee, easement or otherwise, as determined by the Planning Board.
(b)
No certificate of occupancy or use shall be issued for the site until all the improvement shown on the site development plan, including off-site requirements required by the site development plan, have been duly installed and all easements and property interests granted or dedicated to the Village.
(c)
[2]The site shall be developed in strict conformity with the approved site development plan, except as provided for below. When the approval of a change based on unexpected or unanticipated conditions is requested of the Building Inspector or other appropriate Village agency, such request shall be submitted to the appropriate inspecting agency in writing. No field change shall be valid unless a copy of the requested change is filed with the Planning Board, with the approval of the appropriate agency noted thereon or appended thereto, within five days of such approval. Such change shall be deemed acceptable if not acted upon by the Planning Board within 62 days.
[2]
Editor's Note: Former Subsection G(2)(c), regarding partial certificates of occupancy, was repealed 8-2-2011 by L.L. No. 3-2011. This local law also redesignated former Subsection G(2)(d) as G(2)(c).
H.
Reservation of parkland on site plans containing residential units.
(1)
Before such authorized board may approve a site plan containing residential units, such site plan shall also show, when required by such board, a park or parks suitably located for playground or other recreational purposes.
(2)
Land for park, playground or other recreational purposes may not be required until the authorized board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Village. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Village based on projected population growth to which the particular site plan will contribute.
(3)
In the event the authorized board makes a finding pursuant to Subsection H(2) that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirements cannot be properly located on such site plan, the authorized board may require a sum of money in lieu thereof to be established by the Village Board of Trustees or alternatively, land and/or improvements may be provided off site at another location mutually agreeable to the developer and the Village. The amount of land and/or improvements shall be equal in value to money offered in lieu thereof and in accordance with the schedule set forth herein. In making such determination of suitability, the board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the authorized board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Village exclusively for park, playground or other recreational purposes, including the acquisition of property.
(4)
Notwithstanding the foregoing provisions of this subsection, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved, the authorized board shall credit the applicant for any land set aside or money donated in lieu thereof under such subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.
I.
Performance bond. A performance bond may be required by the Planning Board in conjunction with the Village Engineer. Such performance bond shall be posted by the applicant to guarantee to the Village that the applicant will faithfully construct, or cause to be constructed, the required public improvements and utilities which were an integral part of the applicant's approved site plan; and further, that the construction shall be complete within a reasonable period of time. The form of the performance bond shall be reviewed and approved by the Village Engineer and the Corporation Counsel. The Village Engineer shall determine the amount of the performance bond. Performance bond amount, completion schedule, public improvements covered, inspection and bond approval must be received before issuance of a building permit.
[Amended 5-1-2024 by L.L. No. 3-2024]
J.
Signing and referral of plan. Upon submission of the final site development plan with modifications required by the Planning Board in its final approval and upon satisfaction of any conditions imposed by such approval, the Chairperson of the Planning Board shall sign the approved site development plan and file one copy with the Building Inspector, who may thereafter issue a building permit, certificate of occupancy and certificate of use in reliance thereon, in accordance with Article VII.
K.
Amendment of plan. An application for an amendment of any approved site development plan for a site which has received prior final site development plan approval shall be processed in accordance with the preceding provisions. However, only those site development plan elements proposed to be modified or changed need be presented, except where such modifications or changes have a material and substantial impact on the balance of the site development plan and functioning of the site. Any change constituting an overall site plan change of more than 10%, or with the possibility to result in a significant change to the site and surrounding properties as determined by the Planning Board, will require a new site plan submission. The applicant's licensed design professional shall submit a letter, and a drawing when necessary, indicating the scope of the proposed change no later than 20 days before a Planning Board meeting for a determination by the Planning Board as to whether the proposed amendment shall require a public hearing. Fees for an amended site development plan approval shall be in accordance with the Standard Schedule of Fees of the Village of Ossining.[3]
[Amended 5-1-2024 by L.L. No. 3-2024]
[3]
Editor's Note: The Schedule of Fees is on file in the Village offices.
L.
Approval of a site development plan shall be valid for one year from the date thereof for the purpose of obtaining a building permit. Failure to secure a building permit during this time period shall cause the site plan approval to become null and void. Upon the request of the applicant, the Planning Board may grant an extension for a period not to exceed one year. There shall be up to two extensions that may be granted, for a total time period of all the extensions, taken together, of no more than two years. The Planning Board may provide additional extensions in one-year increments if, in its opinion, such extensions are warranted due to particular circumstances which prevent a building permit from being issued, such as a delay in issuing of permits or obtaining approvals from outside agencies.
[Amended 5-1-2024 by L.L. No. 3-2024]
M.
Maintenance. It shall be the duty of every property owner to maintain his/her property in conformity with the approved site development plan. Failure to do so may constitute a violation of this chapter, resulting in civil or criminal penalties, forfeiture of bonds, suspension of consideration of all applications before the Planning Board relating to the same property and other remedies deemed necessary by the appropriate authorities.
N.
Appeal. Any person aggrieved by any decision of the Planning Board hereunder may, within 30 days of the filing of the decision in the office of the Village Clerk, seek judicial review pursuant to Article 78 of the New York State Civil Practice Law and Rules.