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Adjacent Property Owners Municipalities

Farrell Fritz, P.C.

Single and Separate and the Doctrine of Merger

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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

Farrell Fritz, P.C.

Reversal of Zoning Board’s Denial of Variance Application Upheld on Appeal

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In Matter of O’Connor and Son’s Home Improvement, LLC v. Acevedo, et al., the petitioner, O’Connor and Son’s Home Improvement, LLC (“Petitioner”), owns a 120-foot by 57-foot parcel of property (the “Property”) located in the...more

Farrell Fritz, P.C.

Appellate Division Upholds ZBA Determination Transferred from Supreme Court Pursuant to CPLR §7804(g)

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In 2017, 8 Bayberry Rd, LLC submitted an application to the Zoning Board of Appeals of the Village of Bellport (“ZBA”) seeking several variances to convert an existing three-car garage into a squash court and work out area...more

Farrell Fritz, P.C.

Supreme Court Upholds Village of Southampton Zoning Board of Appeals Determination

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Applicants sought to subdivide two lots located at 550 Hill Street and 554 Hill Street in the Village of Southampton into three residential lots with a 25 foot wide access easement along the southerly side of an adjoining...more

Farrell Fritz, P.C.

Third Department Decides Novel Question of Law Relating to Zone Change Protest Petitions Under Town Law § 265

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When landowners oppose a project that involves the rezoning of a neighboring property, they almost always have the opportunity to air their grievances through a public hearing process. If the rezoning is approved over their...more

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