In SEQRA parlance, a “Negative Declaration of Environmental Significance”, or “Neg. Dec.”, is a lead agency’s finding that the proposed Type I or Unlisted Action under review will not result in any significant adverse environmental impacts. An applicant whose project receives a Neg. Dec. is spared the (often) considerable time and expense of preparing an
Challenge to Montauk Motel’s Restaurant Fails at Supreme Court Level
The Breakers Motel has been a fixture in Montauk since the 1950’s. Situated at 769 Old Montauk Highway, Montauk New York, the motel has 26 units, a pool and restaurant and is located across the street from the ocean.
In 2015 a building permit was issued by the Town of East Hampton Building Department approving
Faulty SEQRA Sinks Village’s Use of Eminent Domain
Earlier this year, the Third Department handed down a surprising upset in the eminent domain arena. See, Matter of Adirondack Historical Association v Village of Lake Placid, 161 A.D.3d 1256 [3d Dept 2018]. The Appellate Division nullified the condemnation because the Village of Lake Placid failed to consider the environmental impact of its use
Second Department Upholds Board of Zoning Appeals Decision Finding Vacant Land Was Not Single and Separate
Given the complex zoning regulations that govern development of vacant land, in recent years, it has become uniquely challenging to develop smaller tracts of vacant land that do not conform to the current zoning code. Further, the doctrines of merger and single and separate add to the complications. Unless a buyer is absolutely certain that