When requesting deviation from setback minimums or minimum lot size requirements, a developer must request an area variance. Even if the lots are zoned residential and the developer only wants to build a single-family residence, there is no guarantee that a Zoning Board of Appeals will allow deviations and grant an area variance, as in
What’s So Special About Special Use Permits?
The “Special Use Permit” is a zoning term and process used by a municipality to encourage, but still regulate, land use in a zoning district by making it subject to a special review and criteria detailed in the zoning ordinance. See, Town Law Section 274-b, Village Law Section 7-725-b and City Law Section 27-b.
ASTM Adopts New Phase I ESA Standard – Impact to Environmental Diligence and CERCLA Affirmative Defenses
When it comes to pre-acquisition environmental due diligence, a properly prepared Phase I ESA is the ounce of prevention that is worth a pound of cure. Phase I Environmental Site Assessments (“Phase I ESA”) are a routine due diligence requirement of any commercial transaction involving real estate. A Phase I ESA generally consists of four
New Brookhaven Overlay District Paves the Way for More Affordable Housing in Bellport
On January 13, 2022, the Brookhaven Town Board voted unanimously to adopt new legislation that creates the Greater Bellport Overlay District. The law aims to foster redevelopment in the hamlet of Bellport and encourages the creation of more affordable housing in the area. The new legislation creates four distinct overlay sub-districts that are designed to
Court of Appeals Affirms Appellate Division Decision Invalidating Town’s Discharge Ordinance
In a unanimous decision, the Court of Appeals upheld the Second Department’s decision in Hunters For Deer v Town of Smithtown that the Town may not regulate discharge setbacks for bow and arrow in a manner inconsistent with State law. In that decision, the Second Department held that long bows could not be defined
No Standing to Protect the Pine Barrens
Before adjudication, a court must determine whether a plaintiff has standing. Standing means that the party has a right to access the courts for a particular dispute. A petitioner bears the burden to show an actual injury and that the violated statute was meant to prevent this type of injury. In land use matters specifically,
Bow-wouch: A Word on Special Protections against Municipal Tort Liability
When performing governmental functions, municipal agencies are immune from tort liability for negligence unless it is shown that there was a “special relationship” between the plaintiff and the agency at the time the claim accrued. The special relationship doctrine can arise in any number of situations involving a municipal actor, especially claims for personal injury.
Slings and Arrows At The Court Of Appeals
On January 4, 2022, the New York Court of Appeals heard oral argument in the case of Hunters For Deer, Inc. v Town of Smithtown, where conflicting provisions of a Town of Smithtown firearm ordinance and the Environmental Conservation Law (ECL) both vie for authority.
This appeal presents questions of preemption and statutory interpretation: