This month, in Gershow Recycling of Riverhead v Town of Riverhead, 2021 NY Slip Op 02156 [2d Dept 2021], the Appellate Division, Second Department, affirmed the motion court’s decision granting an Article 78 petition to annul the denial of a site plan amendment application. The motion court and the appeals court held the denial exceeded the scope of delegable power under the then-applicable Town Code and In November 20211, the petitioners-plaintiffs (“Petitioners”) purchased property upon which the prior owner operated an auto salvage facility. The auto salvage use constituted a pre-existing, non-conforming use (“PNCU”). In July 2012, Petitioners submitted a site plan to the Town of Riverhead (“Riverhead”) Planning Department and Building Department to perform regrading, drainage, paving and landscaping work, among other things. These departments jointly determined the site plan contained