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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 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

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

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

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

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

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

Developments Of Regional Significance Are Subject To Additional Scrutiny By Pine Barrens Commision

The Long Island Pine Barrens Maritime Reserve Act, Environmental Conservation Law, Article 57 (the “Act”), was adopted in 1993 for the purpose of protecting approximately 102,500 acres of the Long Island Pine Barrens located...more

Town Considers New Zoning Regulations for Port Washington Waterfront

Following the adoption of a moratorium on development along Port Washington’s waterfront, North Hempstead Town officials have proposed new zoning regulations designed to preserve public access and prevent excess building in...more

Landmarks Preservation Commission May Prevent the Privatization of Interior Landmarks

In Matter of Save America’s Clocks, Inc. v. City of New York, the majority of a divided 3-2 Appellate Division, First Department, panel attempted to clarify the authority of the New York City Landmarks Preservation Commission...more

Is New York City’s Marx Brothers Playground a Park?  The Answer is No Laughing Matter

A fierce legal battle is currently being waged between preservationists and the City of New York (“City”) over a parcel of land in Manhattan’s Upper East Side, known as Marx Brothers Playground. The parcel, which is located...more

Federal Oversight of Zoning within the Fire Island National Seashore

Fire Island is a 32-mile long, slender barrier sand bar island located between the Atlantic Ocean and the South Shore of Long Island. The island, which varies in width from as little as about 550 feet to not more than about...more

Queens Shopping Mall Nixed by Court’s “Public Trust” Doctrine Ruling

In Matter of Avella v. City of New York, 2017 NY Slip Op 04383 (June 6, 2017), the New York Court of Appeals reviewed a decision by the City of New York approving a proposal by Queens Development Group, LLC (“QDG”) which...more

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