In Matter of O’Connor and Son’s Home Improvement, LLC v. Acevedo, et al., the petitioner, O’Connor and Son’s Home Improvement, LLC (“Petitioner”), owns a 120-foot by 57-foot parcel of property (the “Property”) located in the City of Long Beach (the “City”) on Long Island, which it purchased in 2015.  In or around June, 2016, Petitioner submitted an application to
Continue Reading Reversal of Zoning Board’s Denial of Variance Application Upheld on Appeal

In 2017, 8 Bayberry Rd, LLC submitted an application to the Zoning Board of Appeals of the Village of Bellport (“ZBA”) seeking several variances to convert an existing three-car garage into a squash court and work out area resulting in a new 23 foot high building in the front yard, ten feet from the side yard lot line and five
Continue Reading Appellate Division Upholds ZBA Determination Transferred from Supreme Court Pursuant to CPLR §7804(g)

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 zoning district in the Village
Continue Reading Appellate Division Upholds Supreme Court Dismissal of Article 78 Petition Against East Hampton Village Zoning Board of Appeals

In Matter of Bernstein v Putnam Val. Zoning Bd. of Appeals, property owners sought to construct a hot tub on their residential property, located in a protected area known as a wetland buffer.  The Wetlands Inspector for the Town of Putnam Valley (the “Town”) granted the owners a permit waiver, and shortly thereafter, the Town’s Zoning Board of Appeals
Continue Reading Second Department Upholds Town’s Determination Allowing Property Owners to Build Hot Tub in Wetland Buffer

In D.P.R Scrap Metal. Inc., v Zoning Board of Appeals of the Town of North Hempstead, __AD3d__, [2d Dept 2020], the Appellate Division affirmed the grant of the Article 78 Petition of D.P.R. Scrap Metal Inc. (DPR) annulling the Zoning Board Appeals (ZBA) determination as arbitrary and capricious and not supported by evidence.

In this case, DPR operated its
Continue Reading Second Department Scraps North Hempstead Board of Zoning Appeals’ Denial for Lack of Evidence

In July of 2016, Lisa and Robert Gerbino (hereinafter “Gerbinos”) made an application to the Town of East Hampton Zoning Board of Appeals (“ZBA”) for setback relief to allow an existing patio that was built without a permit to remain 10.2 feet from the southern property line where 20 feet is required at their property located at 3 Old Station
Continue Reading Appellate Court Upholds Zoning Board’s Denial of Patio Setback Variance

Southampton Town GIS

Applicants sought to subdivide two lots located at 550 Hill Street and 554 Hill Street in the Village of Southampton into three residential lots with a 25 foot wide access easement along the southerly side of an adjoining property to provide access to one lot from Captains Neck Lane. The two lots
Continue Reading Supreme Court Upholds Village of Southampton Zoning Board of Appeals Determination

View of Hudson River from Upper Nyack, New YorkPetitioner, Claude Simon (“Petitioner”), owns approximately 2.25 acres of property in the Village of Upper Nyack (the “Village”), which he sought to subdivide into two separate lots.  The first lot would contain the existing dwelling and other existing improvements.  The vacant second lot would be improved with a single-family dwelling.  However, the Village advised Petitioner that he would need to
Continue Reading Second Department Affirms Article 78 Reversal of Village Zoning Board Determination

Town of Southampton GIS

Ronald A. Kaye, the property owner at 39 Actors Colony Road, Village of North Haven, sought to subdivide his 157, 241 square foot property into two residential lots. The subject property is located in the Residence R-1 Zoning District where the minimum lot size is 80,000 square feet. In October of 2016,
Continue Reading Appellate Division Upholds Denial of Article 78 Petition Against Zoning Board of Appeals of the Village of North Haven

How and when to challenge multiple municipal actions regarding a single project often perplexes Article 78 litigants. Varying statutes of limitations may apply to actions taken at various stages for one project, and the judicial concepts of finality and ripeness affect the viability of a challenge. For example, a litigant must challenge a lead agency’s determination pursuant to the State
Continue Reading How and When to Challenge SEQRA Determinations: Addressing Ripeness and Finality in Article 78 Cases