“Vapor intrusion” refers to the process by which volatile chemicals move from a subsurface source into the indoor air of overlying or adjacent buildings. The New York State Departments of Health (“NYSDOH”) and Environmental Conservation (“NYSDEC”) have identified vapor intrusion as a major concern and it has become a dominant issue in their oversight activities. Moreover, because of the nature of sub-surface vapors, oftentimes vapor intrusion is not limited to on-site concerns but also to off-site impacts.
Continue Reading Vapor Intrusion Issues For Property Owners
Islip Zoning Board Permits Testimony by Live Video Conferencing
In what is believed to be unprecedented among zoning boards on Long Island, the Town of Islip Zoning Board recently permitted applicants to proffer testimony in support of their zoning application through the use of live video conferencing. The applicants, who were clients of this firm, had purchased a summer residence in the community of
A Victory for Check Cashing Businesses in the Town of Hempstead
In a recent decision, Sunrise Check Cashing and Payroll Services, Inc. v. Town of Hempstead, 91 A.D.3d 126, 933 N.Y.S.2d 388 (2d Dept. 2011), the Appellate Division, Second Department, invalidated Section 302(K) of the Town of Hempstead Building Zone Ordinance (“BZO”) based on the doctrine of conflict preemption.
Section 302(K) of the BZO was
Long Island Towns and Villages Move to Regulate Bamboo
There is a movement afoot among Long Island municipalities to regulate or, in some cases, ban the planting, growing or cultivation of bamboo within their communities. To some, bamboo is an exotic evergreen plant that creates an attractive and effective privacy screen. To others, however, it is an aggressive, invasive plant that causes ecological harm
Community-Based Planning Leads to Desired Results for Residents and Expected Outcomes for Developers
What local options are available for my community to encourage growth that will meet the changing needs of the people who live there and, at the same time, preserve and protect critical natural resource areas? In New York, the State’s Town Law and Village Law give municipalities the power to create incentive zoning that will
Purchase of Land for Cemetery Purposes
Many cemetery corporations in New York State are faced with the dilemma of running out of available burial space. As a result, cemetery corporations may consider expanding the size of the cemetery by purchasing adjacent lands which when developed will allow the corporation to provide grave sales to the neighboring communities for many more years.
Environmental Justice Regulations Proposed For New York State
In August 2011, New York enacted the Power Act of 2011, aimed at encouraging investment in electric generating facilities and creating green jobs. The Act re-established Article 10 of the Public Service Law, relating to the siting process for approving major power plants. This latest version of Article 10 requires the New York State Department
Accretion, Erosion and Avulsion
Three distinct common law rules deal with the capricious nature of the shoreline. These terms are referred to in the legal community as accretion, erosion and avulsion.
“Accretion” is the term which applies to the gradual increase or acquisition of land by the action of natural forces washing up sand, soil or silt from the
Where is My Front Yard?
While the answer to the question posed in the title to this article seems obvious enough, it is actually a fairly complex question in many jurisdictions on Long Island. It is important to know where the front yard for your property is because municipalities typically regulate the location and types of structures that can be