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Oyster Bay to provide for administrative adjudication of zoning and other code violations

Following in the footsteps of the towns of Huntington, Babylon and East Hampton, the Town of Oyster Bay voted on March 7, 2023, to create a Bureau of Administrative Adjudication pursuant to Article 14-BB of the General...more

Town of Huntington Seeks Input on Future Redevelopment in the Melville Employment Center

The Huntington Town Board is currently seeking input from residents, businesses and others for a new plan for the redevelopment of the Melville Employment Center (“MEC”).  The new plan will build upon a prior plan that was...more

Governor Hochul’s Ambitious Statewide Strategy to Address New York’s Housing Crisis

As part of her 2023 State of State address, Governor Kathy Hochul announced a statewide strategy to address New York’s housing crisis by building 800,000 new homes over the next decade. The plan, dubbed as the “New York...more

Village of Sea Cliff in the Midst of Developing a New Comprehensive Plan

After more than half a century, the Village of Sea Cliff is in the process of adopting a new Comprehensive Plan to update the 1970 Village Master Plan.  New York State recommends that municipalities update their Comprehensive...more

Oyster Bay’s Attempt to Address Parking for Last-Mile Distribution Warehouses Misses the Mark

According to a report published by the World Economic Forum, e-commerce sales ratios nearly tripled globally between 2014 and 2019.  In 2020, the COVID pandemic was a catalyst that accelerated this already rising trend by...more

New York State Adopts New Law Governing Public Meetings by Videoconference

As part of the 2022 adopted State Budget, the New York State Legislature amended the Open Meetings Law (Public Officers Law § 100, et seq.) to authorize public bodies to conduct meetings using videoconference technology...more

New Brookhaven Overlay District Paves the Way for More Affordable Housing in Bellport

On January 13, 2022, the Brookhaven Town Board voted unanimously to adopt new legislation that creates the Greater Bellport Overlay District.  The law aims to foster redevelopment in the hamlet of Bellport and encourages the...more

Appellate Division Reverses Prior Decision Requiring Developer to Remove Upper Stories of Residential Skyscraper

In April 2019, this blog discussed Committee for Environmentally Sound Development v. Amsterdam Avenue Development Associates, LLC, 2019 WL 1206357, 2019 N.Y. Slip Op. 30621(U) (Sup. Ct. New York Co., March 14, 2019), a case...more

New Law Authorizes Virtual Option for Public Meetings

On September 2, 2021, Governor Kathy Hochul signed legislation (S.50001/A.40001), which includes a number of statutory protections and other emergency public health measures adopted in response to the recent increase in the...more

Legislation Seeks to Amend County Planning Review Process to Provide Towns and Villages with Greater Say over Zoning Actions in...

The Suffolk County legislature is currently considering a bill (I.R. 1478-2021) that would provide towns and villages with a greater opportunity to weigh in on certain zoning applications proposed in adjacent municipalities...more

Town of Huntington is the Latest Long Island Community to Regulate Small Cells in the Public Right-of-Way

In 2018, the Federal Communications Commission (“FCC”) issued an Order governing the installation of small cell nodes and other telecommunications facilities in an effort to speed up the deployment of the newest generation of...more

New York’s Cannabis Law Legalizes Adult Recreational Use but Permits Local Governments to Ban Retail Sales and On-Site Consumption

After several stalled attempts, New York State became the 16th state to legalize recreational cannabis (marijuana) use.  This occurred on March 31, 2021, when Governor Andrew Cuomo signed the “Marijuana Regulation and...more

Brookhaven Adopts Innovative Zoning Regulations to Foster Redevelopment of Vacant and Underutilized Commercial Properties

In an effort to stimulate the revitalization of abandoned, vacant or underutilized commercial shopping centers, bowling alleys and health club properties, the Brookhaven Town Board recently voted to adopt a new zoning...more

Settlement of Lawsuit Causes Town of Oyster Bay to Revise its Rules of Decorum for Public Meetings

This blog post provides an update to a post that was published on November 30, 2020, regarding a dispute over the Town of Oyster Bay’s recently adopted rules governing conduct at public meetings.  The new procedures, which...more

Federal Court Reviewing Town of Oyster Bay’s Rules of Decorum for Public Meetings

In response to a resolution passed by the Oyster Bay Town Board on October 6, 2020, that purports to create rules of decorum at Town Board meetings and seeks to prohibit inappropriate behavior during board meetings, a Town...more

Short-Term Rental or “Tourist Home” Deemed a Permitted Use despite Need for Special Use Permit from Planning Board

As the popularity of short-term rentals continues to grow and many local governments are adopting restrictions to keep their use in check, the authors of the Long Island Land Use and Zoning blog are closely monitoring how...more

State and County Laws Require Oversight of Certain Local Land Use Decisions

As a “home rule” state, New York’s zoning and other land use decisions are typically made at the village, town, or city level.  However, Section 239-m of the General Municipal Law (GML) requires a referral to, and a...more

Smithtown Seeks to Reinvent the Hauppauge Industrial Park by Allowing Residential Development

The Town of Smithtown is considering the adoption of a local law that would allow residential uses as part of mixed-use developments in the Hauppauge Industrial Park.  The proposal follows on the heels of an April 2019 report...more

The Coronavirus Lesson: Drive-Thrus are an “Essential Service” of Fast-Food Restaurants

In an effort to enforce social distancing and slow the spread of the coronavirus, many cities and states across the nation have adopted emergency orders mandating that restaurants, including fast-food chains, shut down their...more

The Coronavirus’ Impact on Pending Land Use Applications and Approved Construction Projects

Despite the crippling impact that the coronavirus is having on all aspects of our daily lives, many developers are moving ahead with their projects, regardless of how far along they are in the development process.  However,...more

Modern Convenience Stores Restricted by “Inconvenient” Zoning Rules

The history of convenience stores in the United States can be traced back to 1927, when an employee of the Southland Ice Company in Dallas, Texas, realized that people needed a place where they could buy basic necessities...more

Standoff Between National Grid and New York State Over Gas Pipeline is Impacting Homeowners and Businesses

In May 2019, National Grid – the utility company that provides natural gas to approximately 1.8 million customers in Brooklyn, Queens, Staten Island and Long Island – announced a moratorium on the processing of applications...more

Court Decision Creates Conflicting Case Law with Respect to When to Challenge a SEQRA Final Determination

The Appellate Division, Second Department, recently issued a decision that appears to be a departure from prior precedent and is certain to create confusion with respect to when to commence an Article 78 claim challenging a...more

Long Island’s Backyard Chicken Movement Tries Not to Run A-Fowl of Local Zoning Regulations

The backyard chicken movement that has been rapidly gaining momentum across the United States has firmly taken hold on Long Island.  The desire for homeowners to raise chickens takes various forms and can be rewarding on many...more

Town of Hempstead Adopts Sweeping Zoning Changes to Encourage Transit-Oriented Development in North Lawrence and Inwood

The Hempstead Town Board recently approved a sweeping rezoning of portions of North Lawrence and Inwood that are designed to encourage mixed-use, commercial and transit-oriented developments....more

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