The City of New Rochelle adopted an ordinance in 2017, amending the zoning code to apply a senior citizen overlay district to certain real property comprised of approximately 3.4 acres at 121 Mill Road in New Rochelle. The City adopted a negative declaration pursuant to the New York State Environmental Quality Review Act for the
New Yorkers Say Goodbye to Plastic Bags
New York’s “Bag Waste Reduction Act” and the regulations promulgated by the New York State Department of Environmental Conservation (NYSDEC) to enforce this law become effective on March 1, 2020. The law bans the distribution of plastic carryout bags, also referred to as film plastic bags, commonly associated with grocery stores. The ban, however, is
Second Department Reminds: a Use Cannot Be Legally Nonconforming If It Was Never Legal to Begin With
When determining whether a use is legally nonconforming for zoning purposes, the key consideration is whether the use was legal prior to the zoning restriction prohibiting it. A use cannot become legally nonconforming if it was not legal from the start, no matter how long it has existed. Consequently, the common assertion that something has
Court Upholds Zoning Board’s Denial of Gas Station’s Area Variance Application
In Matter of Magid Setauket Assoc., LLC v The Town of Brookhaven Bd. of Zoning Appeals, the petitioners were the owner and the operator (“Petitioners”) of a Shell gas station located in the Old Setauket Historic District (the “Historic District”) Transition Zone, in the Town of Brookhaven (the “Town”). Petitioners applied for an area
Modern Convenience Stores Restricted by “Inconvenient” Zoning Rules
The history of convenience stores in the United States can be traced back to 1927, when an employee of the Southland Ice Company in Dallas, Texas, realized that people needed a place where they could buy basic necessities after other stores had closed. The employee decided to sell items such as milk, bread, eggs and
“Operation Pay Dirt” – Suffolk County Goes After Illegal Dumping
“Operation Pay Dirt” was a joint investigation by the Suffolk County District Attorney’s Office, the New York State Department of Environmental Conservation (NYSDEC), and the Suffolk County Police Department. It investigated illegal dumping on Long Island. Illegal dumping is of particular concern on Long Island because contaminants in dumped material can leach into the ground
When it Comes to SEQRA, Reasonable Agencies Are Allowed to Disagree
In SEQRA litigation, there is an oft-quoted proposition that the Lead Agency may not abdicate or defer its responsibilities under SEQRA to another agency. See Riverkeeper, Inc. v. Planning Bd. of Town of Se., 9 N.Y.3d 219, 234 (2007). To satisfy SEQRA’s requirements, the Lead Agency must conduct an independent study of the relevant
Town Takes Trailer: Enforcing Zoning Ordinance against Unresponsive Violators
In Town of Brookhaven v Golemi, 2019 NY Slip Op 51477(U) [Sup Ct, Suffolk County 2019], the Town of Brookhaven (“Brookhaven”) successfully sought and obtained injunctive relief to remove a structure that violated Brookhaven’s Town Code (“Code”). This case reminds landowners to be responsive to local governments in their enforcement of zoning ordinance.
Suffolk County Trap And Skeet Range May Be Silenced By Town Noise Ordinance
BANG! Yaphank, New York. In November 2019, after years of protracted ligation, Hunter Sports Shooting Grounds, Inc., (“HSSG”) the operator of the Suffolk County Skeet, Trap & Sporting Clays Range (“Range”), was dealt another blow by the Supreme Court, Suffolk County in Hunter Sports Shooting Grounds, Inc. v Foley.
Acquired by Suffolk County (“County”),