Due to the proliferation of advanced mobile devices, such as smartphones and tablets, wireless service providers anticipate a significant increase in data traffic over their networks in the next few years. As a result, mobile operators have been compelled to find new ways to increase their network capacity, provide better coverage and reduce network congestion.
Third Department Says “Yes” and Upholds Wedding Venue as Custom and Incidental Accessory Use
Local zoning ordinances throughout New York State incorporate the flexible “accessory use” component so as not to unnecessarily restrict one’s use of property. Accessory uses are incidental and customary to the principal use of property. Determining whether a use is actually “accessory,” however, is often debated – especially where the use is not specifically enumerated
New FCC Decision Tips in Favor of Service Providers on Small Cell Wireless Projects
On September 26, 2018, the Federal Communications Commission (FCC) adopted its Declaratory Ruling and Third Report and Order (“Declaratory Ruling and Order”) enacting significant regulatory changes that will impact local control over the deployment of wireless infrastructure. Aimed at streamlining the nationwide deployment of 5G wireless—the next generation of wireless technology—the Declaratory Ruling and Order
Failure To Appeal First Zoning Board Decision Results In Application Of Factual Res Judica To Second Application For Similar Relief
In Voutsinas v. Schenone, 2018 NY Slip Op 07439 (2d Dept, November 17, 2018), the Appellate Division, Second Department, reminded land use practitioners of not only the importance of appealing decisions rendered by Town and Village Boards, including Trustees, Zoning and Planning Boards, even if not all of the findings of facts in the
Appellate Division Rules That Town’s Consulting Fees Are Unnecessary In Connection with Review of Special Use Permit and Area Variance Applications
The Appellate Division, Second Department, issued a decision on October 10, 2018, which rejected a town’s attempt to saddle an applicant with over $17,000 in consulting fees supposedly incurred by the town in reviewing special use permit and area variance applications for an antenna tower to be used by an amateur radio (a/k/a ham radio)
Appellate Division Rules Town of Clarkson Code Provision Restricting Building Permits until Subdivision Infrastructure is Built, Null and Void
New York State Town Law § 277(9) authorizes a town Planning Board to require a developer to provide a performance bond or other security covering the cost of installation of subdivision infrastructure and improvements in case the developer fails to finish the required work. Specifically, Town Law §277(9) states: “[a]s an alternative to the installation
Use Variance Denied By Second Department Regardless Of Alleged Prior Precedent: Village of Patchogue
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 the Zoning Board of Appeals (“ZBA”) Chairman implying prior precedent approving such applications.
In June 2014, the petitioner applied to
Second Department Reverses Mandamus Requiring Building Inspector to Issue a Permit to Construct a Dock
On October 17, 2018, the Supreme Court, Appellate Division, Second Department (“Second Department”) issued two (2) companion decisions arising out of three different attempts by Petitioners, Kleinknechts (“Petitioners”) to construct a dock at their waterfront property. Each of the attempts resulted in a Supreme Court litigation. As we blog about these cases today, no dock
Appellate Court Concludes that Schools are not Exempt from Local Zoning Regulations
The generally accepted practice in towns and villages throughout New York is that public and private schools need not comply with the zoning rules applicable to other property owners. However, the Appellate Division, Third Department, recently issued a decision, in Ravena-Coeymans-Selkirk Central School District v Town of Bethlehem, that clarified that zoning laws do
Commercial Development around a Residential Parcel Supports Hardship Element for Use Variance
A use variance is arguably one of the most difficult zoning approvals to obtain and is rarely granted. Petitioners in 54 Marion Ave., LLC v. City of Saratoga Springs, 2018 N.Y. Slip Op. 04611, 162 A.D.3d 1341 (3d Dep’t 2018), commenced a hybrid proceeding/action to challenge and annul a determination of the Zoning