News & Analysis as of

Zoning Board of Appeals Real Estate Development

Nutter McClennen & Fish LLP

Significant Changes to Statutory Process for Zoning Appeals: What You Need to Know About the 2024 Massachusetts Affordable Housing...

The Massachusetts Affordable Homes Act (H. 4977), signed into law on August 6, 2024, makes several significant changes to the statutory provisions governing appeals from zoning decisions under G.L. c. 40A, § 17. Where...more

Goulston & Storrs PC

Those Appealing Zoning Board Decisions Must Comply With 20-Day Period

Goulston & Storrs PC on

Griffin v. Melrose MA Plan. Bd., No. 23 MISC 000277 (KTS), 2024 WL 146450 (Mass. Land Ct. Jan. 12, 2024) - In Griffin v. Melrose MA Plan. Bd., pro se plaintiff David Griffin (“Griffin”) appealed a decision of the Melrose...more

Farrell Fritz, P.C.

Exact Compliance with SEQRA Architectural Conditions Are Enforceable

Farrell Fritz, P.C. on

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

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - June 2023, Volume II, Issue III

Goulston & Storrs PC on

NONCONFORMING USE CLAIMS "ROCKED OUT" BY APPEALS COURT - Butler v. Zoning Bd. of Appeals of Mattapoisett, 22-P-463 (Mass. App. Ct. Apr. 19, 2023) - In Butler, Maureen and George Butler (the “Butlers”) asked the...more

Farrell Fritz, P.C.

“Grandfathering” By Issuance of Building Permits

Farrell Fritz, P.C. on

Last month, in Cuffaro v Zoning Board of Appeals of the Village of Bellport (Index # 620453/2021), the Suffolk Supreme Court reinforced the existing and binding case law that a municipality’s issuance of a building permit to...more

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - April 2023, Volume II, Issue II

Goulston & Storrs PC on

FEATURED ARTICLE - Efforts clauses are common in commercial agreements, including those involving real estate. Where one or both parties cannot guarantee a particular outcome, efforts clauses attempt to qualify obligations....more

Farrell Fritz, P.C.

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

Farrell Fritz, P.C. on

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

Farrell Fritz, P.C.

Zoning – Reasonable Accommodations Under the Fair Housing Act.

Farrell Fritz, P.C. on

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

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - August 2022, Volume I, Issue XIV

Goulston & Storrs PC on

CASES OF NOTE - GRAVE MATTERS: THE PROTECTION OF PROPERTIES CONTAINING BURIAL SITES - Church of the Holy Spirit of Wayland v. Heinrich, 2022 WL 1419702, 101 Mass. App. Ct. 32 (2022)....more

Keating Muething & Klekamp PLL

Planning & Zoning in Kentucky – Bring Your “A” Game to the Administrative Hearing

A key piece of our American legal system is due process, and the right to have your “day in court.” For planning and zoning appeals, that day in court will likely come before you arrive at the circuit court. ...more

Farrell Fritz, P.C.

How Small is Too Small of a Lot? Limits on Area Variances for Subdivisions

Farrell Fritz, P.C. on

When requesting deviation from setback minimums or minimum lot size requirements, a developer must request an area variance. Even if the lots are zoned residential and the developer only wants to build a single-family...more

Keating Muething & Klekamp PLL

Hamilton County Zoning Litigation Demonstrates Value of Expert Testimony

A recent decision out of Hamilton County highlights the importance of experts in zoning disputes. In Kinney v. Newtown Bd of Zoning Appeals, 2021-Ohio-4217 (1st Dist.), the property owner sought planning commission approval...more

Farrell Fritz, P.C.

No Standing to Protect the Pine Barrens

Farrell Fritz, P.C. on

Before adjudication, a court must determine whether a plaintiff has standing. Standing means that the party has a right to access the courts for a particular dispute. A petitioner bears the burden to show an actual injury and...more

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - December 2021, Volume I, Issue XI

Goulston & Storrs PC on

CASES OF NOTE - LIMITATIONS FACING PLAINTIFFS UNDER CHAPTER 40A - Doyle v. Zoning Board of Appeals of City of Attleboro, No. 20 MISC 000386 (DRR), 2021 WL 5037871 (Mass. Land Ct. Oct. 29, 2021)...more

Farrell Fritz, P.C.

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

Farrell Fritz, P.C. on

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)

Farrell Fritz, P.C. on

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.

Appellate Division Rejects Neighbor Attempt to Add Variances to Scope of Property Owner’s ZBA Application.

Farrell Fritz, P.C. on

Absent local legislation to the contrary, town and village zoning boards act solely as appellate bodies authorized to hear and decide appeals taken from decisions by local zoning enforcement officials (ZEOs) (see Town Law §...more

Farrell Fritz, P.C.

Appellate Division Upholds Supreme Court Dismissal of Article 78 Petition Against East Hampton Village Zoning Board of Appeals

Farrell Fritz, P.C. on

In the Matter of Parsome, LLC v. Zoning Board of Appeals of the Village of East Hampton, decided February 10, 2021, the petitioner appealed the denial of an Article 78 Petition by the Supreme Court, Suffolk County. The...more

Farrell Fritz, P.C.

Second Department Upholds Town’s Determination Allowing Property Owners to Build Hot Tub in Wetland Buffer

Farrell Fritz, P.C. on

In Matter of Bernstein v Putnam Val. Zoning Bd. of Appeals, property owners sought to construct a hot tub on their residential property, located in a protected area known as a wetland buffer.  The Wetlands Inspector for the...more

Farrell Fritz, P.C.

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

Farrell Fritz, P.C. on

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

Farrell Fritz, P.C.

Appellate Division Upholds Supreme Court’s Determination on Breakers Motel, East Hampton

Farrell Fritz, P.C. on

In 2018, this Blog published “Challenge to Montauk’s Motel Restaurant Fails at Supreme Court Level” discussing the Article 78 petition and plenary action entitled Jane H. Concannon Revocable Trust v. The Building Department...more

Farrell Fritz, P.C.

Appellate Court Upholds Zoning Board’s Denial of Patio Setback Variance

Farrell Fritz, P.C. on

In July of 2016, Lisa and Robert Gerbino (hereinafter “Gerbinos”) made an application to the Town of East Hampton Zoning Board of Appeals (“ZBA”) for setback relief to allow an existing patio that was built without a permit...more

Farrell Fritz, P.C.

Town of East Hampton ZBA Denial of 9.8 Foot Setback Variance for a Patio is Upheld by Appellate Division, Second Department

Farrell Fritz, P.C. on

In July of 2016, Lisa and Robert Gerbino (hereinafter “Gerbinos”) made an application to the Town of East Hampton Zoning Board of Appeals (“ZBA”) for setback relief to allow an existing patio that was built without a permit...more

Farrell Fritz, P.C.

Supreme Court Upholds Village of Southampton Zoning Board of Appeals Determination

Farrell Fritz, P.C. on

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.

Utilizing CPLR 3102(c) Pre-Action Discovery in the Article 78 Proceedings – Can’t Go Fishin’

Farrell Fritz, P.C. on

Last February, in Dreyer v Stachecki, 2020 NY Slip Op 50134(U), the Suffolk County Supreme Court denied an unopposed motion for pre-action discovery. CPLR Section 3102(c) authorizes disclosure – prior to commencement – to aid...more

38 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide