Recently in BMG Monroe I, LLC v. Village of Monroe Zoning Board of Appeals, the Second Department reinforced strict compliance with all State Environmental Quality Review Act (“SEQRA”) visual impact findings and mitigation...more
1/8/2024
/ Building Permits ,
Construction Project ,
Environmental Policies ,
Environmental Review ,
Infrastructure ,
Real Estate Development ,
SEQRA ,
Site Plans ,
State and Local Government ,
Urban Planning & Development ,
Zoning Board of Appeals
Recently, the Suffolk County Supreme Court affirmed the Southampton Village Zoning Board of Appeals (ZBA) denial of a special permit to subdivide the subject property into two residential lots in the Village’s Office...more
In a unanimous decision, the Court of Appeals upheld the Second Department’s decision in Hunters For Deer v Town of Smithtown that the Town may not regulate discharge setbacks for bow and arrow in a manner inconsistent with...more
On January 4, 2022, the New York Court of Appeals heard oral argument in the case of Hunters For Deer, Inc. v Town of Smithtown, where conflicting provisions of a Town of Smithtown firearm ordinance and the Environmental...more
“An ounce of prevention is worth a pound of cure.” -Benjamin Franklin. This pithy logic from Benjamin Franklin to prevent fires in colonial Philadelphia should serve as a reminder to municipal boards of the strict compliance...more
Surprise! During the summer of Covid-19, the Town Board of Oyster Bay passed Local Law 4 of 2020, amending Chapter 246, the Town’s zoning code, to eliminate apartments over stores or offices as a permitted principal use in...more
The tide seems to have turned against the Town and the Trustees of the Freeholders and Commonalty of the Town of East Hampton (Trustees) in a recent decision by the Second Department....more
In D.P.R Scrap Metal. Inc., v Zoning Board of Appeals of the Town of North Hempstead, __AD3d__, [2d Dept 2020], the Appellate Division affirmed the grant of the Article 78 Petition of D.P.R. Scrap Metal Inc. (DPR) annulling...more
This week, a not-for-profit hunters advocacy group, Hunters For Deer, Inc. (HFD), won a decisive victory in the Second Department based on New York’s preemption doctrine. In Hunters for Deer, Inc. v Town of Smithtown,...more
The public health crisis created by COVID-19 has forced municipal officials statewide to cancel, suspend or postpone previously scheduled public hearings and meetings. How do public bodies conduct their necessary business...more
Legal pre-existing nonconforming uses (aka grandfathered uses) have a tenuous existence in New York. Although protected by vested property rights in the Constitution, many local zoning ordinances seek to eliminate these...more
10/21/2019
/ Abandoned Property ,
Abandonment ,
Commercial Property Owners ,
Grandfathered Status ,
Local Ordinance ,
Manufacturing Facilities ,
Municipalities ,
Nonconforming Use ,
Property Owners ,
Real Estate Market ,
State and Local Government ,
Zoning Laws
The Long Island Central Pine Barrens Protection Act (“Act”), enacted in 1993, created the Central Pine Barrens Joint Planning & Policy Commission (“Commission”) which implements the Comprehensive Land Use Plan (“Plan”). ...more
Builders, developers and property owners are often cited for zoning violations that become the subject of criminal enforcement proceedings in court (i.e. appearance tickets). Certainly, a party can have the court decide the...more
4/23/2019
/ Appeals ,
Building Codes ,
Certificates of Occupancy ,
Criminal Liability ,
Enforcement Actions ,
Local Ordinance ,
Motions to Stay Proceedings ,
Real Estate Development ,
Site Plans ,
State and Local Government ,
Zoning Laws
Earlier this year, the Third Department handed down a surprising upset in the eminent domain arena. See, Matter of Adirondachk Historical Association v Village of Lake Placid, 161 A.D.3d 1256 [3d Dept 2018]....more
A few days ago, the Town Supervisor of the Town of Southampton and the Town Trustee President sent a letter to the State Comptroller and State Park Commissioner requesting an opinion as to whether Town Trustee property, known...more
Long Island’s ever-evolving agricultural industry won a major battle in the Appellate Division this month when the court overturned Supreme Court Justice Whelan’s decision, which invalidated two local laws of the Suffolk...more
In 2014, the New York State Legislature enacted a significant amendment to the Environmental Conservation Law (ECL) reducing setbacks required to discharge a long bow in the lawful act of hunting from 500 feet to 150 feet...more
Now more than ever, climate resiliency along our coastlines is an important aspect of long range municipal planning. Back in 1981, the New York State Legislature enacted the Waterfront Revitalization of Coastal Areas and...more