The New York State Department of Environmental Conservation (“DEC”) proposed changes to update and consolidate its petroleum bulk storage (“PBS”) and chemical bulk storage (“CBS”) regulations. These changes will affect as many as 40,000 facilities in the state. The DEC contends that its proposed regulations will make compliance easier and cheaper.
New York’s current regulations
A Southold couple’s dream to build a winery and continue operating a tasting room at their Old North Road residence seems all but lost after a recent ruling of the Southold Town Zoning Board of Appeals. The Town Zoning Board denied their requests for variances that would allow the winery and tasting room to operate
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or the first time since 2005, the New York State Department of Agriculture and Markets is allowing New York wineries to produce wines with grapes grown out-of-state.
The move comes after New York suffered through one of the harshest winters in recent memory, which resulted in wide scale damage to vines and resulted in
In the recent decision of Verizon New York v. Village of Westhampton Beach, et al., Magistrate Judge A. Kathleen Tomlinson ruled in favor of Verizon and the Long Island Power Authority (“LIPA”) and declined to “read in” a provision into franchise agreements that would bar the utilities from allowing the attachment of wooden or
In 2000, Plaintiff Steven Sherman applied to the Town of Chester Planning Board for subdivision approval while in the process of purchasing nearly 400 acres for $2.7 million dollars. According to the Second Circuit Court of Appeals in its recent decision in Sherman v Town of Chester, 752 F3d 554 [2d Cir 2014], “[t]hat
By decision dated March 13, 2014, the Appellate Division, Second Department, upheld a trial court decision in Harbor Park Realty, LLC v. Modelewski, affirming certain relief granted by the Town of Huntington Zoning Board of Appeals (“ZBA”) to 1033 Fort Salonga, LLC, et al. (hereinafter “1033”) for a depth extension into a residential
There is still time to apply for funding through the United States Department of Agriculture’s Specialty Crop Block Grant Program, but not much.
The Program was designed to provide financial support to farms and farmers who produce specialty crops, i.e., grapes, hops, etc… Approximately $66 million in funding is available nationwide with $1.4 million earmarked
The Appellate Division, Second Department, recently held that developers who incurred substantial expenses in furtherance of a particular development do not acquire a common-law vested right to proceed under prior zoning laws, where they failed to comply with the conditions of a prior approval before new zoning regulations were adopted. It also held that a
In a decision that underscores the importance of presenting accurate and truthful information when making a land use application, the Appellate Division in Matter of Green 2009, Inc. v. Weiss, Index No. 2012-06784 (February 13, 2014), recently affirmed the Town of Hempstead Board of Appeals (“BOA”) decision to reopen a prior decision which granted