Absent local legislation to the contrary, town and village zoning boards act solely as appellate bodies authorized to hear and decide appeals taken from decisions by local zoning enforcement officials (ZEOs) (see Town Law § 267-A[4] [McKinney’s]; Village Law § 7-712-A[4] [McKinney’s]). The most common example of such appeals occurs when an applicant property-owner or
Apartments Over Stores Are No More – In Oyster Bay
Surprise! During the summer of Covid-19, the Town Board of Oyster Bay passed Local Law 4 of 2020, amending Chapter 246, the Town’s zoning code, to eliminate apartments over stores or offices as a permitted principal use in the Nonresidence District designated as Neighborhood Business (“NB”), Central Business (“CB”), and General Business (“GB”).
This
Appellate Division Upholds Supreme Court Dismissal of Article 78 Petition Against East Hampton Village Zoning Board of Appeals
In the Matter of Parsome, LLC v. Zoning Board of Appeals of the Village of East Hampton, decided February 10, 2021, the petitioner appealed the denial of an Article 78 Petition by the Supreme Court, Suffolk County. The Appellate Division, Second Department, upheld the Supreme Court’s determination. Specifically, petitioner purchased property in the manufacturing
Truck Beach – Drawing Lines In The Sands of East Hampton
The tide seems to have turned against the Town and the Trustees of the Freeholders and Commonalty of the Town of East Hampton (Trustees) in a recent decision by the Second Department. In Seaview at Amagansett v, Trustees, the Appellate Division reversed much of a trial court’s 2016 decision and seemed to erode the
Brookhaven Adopts Innovative Zoning Regulations to Foster Redevelopment of Vacant and Underutilized Commercial Properties
In an effort to stimulate the revitalization of abandoned, vacant or underutilized commercial shopping centers, bowling alleys and health club properties, the Brookhaven Town Board recently voted to adopt a new zoning classification, known as the Commercial Redevelopment District (“CRD”). In the past year, there were a number of retail and commercial recreational businesses