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Exact Compliance with SEQRA Architectural Conditions Are Enforceable

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

NYSDEC Mining Law Appears Further Undermined by the Court of Appeals

Last month, the State’s highest court, the Court of Appeals, upheld the Appellate Division’s decision annulling the New York State Department of Environmental Conservation (DEC) issuance of permits to Sand Land Corporation...more

Is Prior Precedent Dead in the Village of Southampton? Depends on Who You Ask.

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

Zoning – Reasonable Accommodations Under the Fair Housing Act.

Typically, zoning variances “run with the land”, and absent a specific time limitation, they continue until properly revoked. See, St. Onge v. Donovan, 71 NY2d 507, [1988]. As a result, variances cannot be made to apply only...more

Single and Separate Exemptions For Substandard Lots

Zoning codes are constantly evolving in response to perceived or real threats of overdevelopment.  Generally, a municipality may in the reasonable exercise of its police power, amend its zoning code to be more restrictive in...more

What’s So Special About Special Use Permits?

The “Special Use Permit” is a zoning term and process used by a municipality to encourage, but still regulate, land use in a zoning district by making it subject to a special review and criteria detailed in the zoning...more

Single and Separate and the Doctrine of Merger

Generally, many property owners assume that where a lot is held in single and separate ownership they are entitled to an area variance “as of right.”  That is not entirely true.  An exception to the single and separate...more

New York’s General Municipal Law §239-m “An Ounce of Prevention Is Worth A Pound of Cure”

“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

Apartments Over Stores Are No More – In Oyster Bay

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

Second Department Scraps North Hempstead Board of Zoning Appeals’ Denial for Lack of Evidence

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

Oyster Bay Emergency Homeless Shelter Loses State Preemption Argument

On September 21, 2020, the Supreme Court, Nassau County in Town of Oyster Bay v. 120 Westend LLC, Supreme Court, Suffolk County, Index No. 608065/2020 granted a preliminary injunction to the Town of Oyster Bay (“Town”)...more

Municipal Development Agreement: Found To Be Illegal Contract Zoning

In the Matter of Giora Neeman v Town of Warwick, __AD3d__, 2020 NY Slip Op 03112, the Second Department recently declared that a development agreement entered into between the respondent/defendant Black Bear Family...more

Suffolk County Trap And Skeet Range May Be Silenced By Town Noise Ordinance

BANG! Yaphank, New York.  In November 2019, after years of protracted ligation, Hunter Sports Shooting Grounds, Inc., (“HSSG”) the operator of the Suffolk County Skeet, Trap & Sporting Clays Range (“Range”), was dealt another...more

Pine Barrens Credits-A Matter of Interpretation

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

Use Variance Denied By Second Department Regardless Of Alleged Prior Precedent: Village of Patachogue

The Second Department recently reversed a Suffolk County Supreme Court decision granting a use variance for a mother-daughter residence in the Village of Patchogue (the “Village”), in spite of statements made on the record by...more

Faulty SEQRA Sinks Village’s Use of Eminent Domain

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

Appellate Division Holds that Proposed Use For Split Zoned Parcel Requires Area, Not Use, Variance

Split zoned parcels can be a headache for property owners and practitioners. In general, a split zoned parcel is a piece of land located in two or more zoning districts and divided by a zoning district boundary line. Often...more

Southampton Trustees-Possible Thorny Parkland Alienation Issue On Rose Hill Drive

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

FOIL Follies- Draft Plans Once Submitted Must Be Made Available

New York’s Freedom of Information Law (“FOIL”) mandates that agencies make all “records” available for public inspection and copying, subject to certain exemptions. See, Public Officers Law. ...more

New York’s Local Waterfront Revitalization Programs (“LWRPs”) And Climate Change

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

Tie Vote – No Default Denial- Town Law 267-a(13)(b)

Generally, when a majority of the members of a zoning board of appeals (ZBA) either votes in favor of or against an action, the board is considered to have acted. What if a ZBA is unable to take any kind of majority action...more

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