The Hempstead Town Board recently approved a sweeping rezoning of portions of North Lawrence and Inwood that are designed to encourage mixed-use, commercial and transit-oriented developments. This rezoning initiative, which was spearheaded by Hempstead Town Councilman Bruce Blakeman, hopes to transform derelict areas north of the Lawrence and Inwood Long Island Rail Road stations into
East Hampton Zoning Board Rules that Doggy Day Care is a Legal Home Occupation
A Town of East Hampton resident can continue to operate a home-based dog-walking and pet sitting business after the East Hampton Zoning Board of Appeals voted unanimously to overturn a previous determination by the Town’s Building Inspector, who concluded that the business use was not a “home occupation” as defined in the East Hampton Town
Developments of Regional Significance Are Subject to Additional Scrutiny by Pine Barrens Commission
The Long Island Pine Barrens Maritime Reserve Act, Environmental Conservation Law, Article 57 (the “Act”), was adopted in 1993 for the purpose of protecting approximately 102,500 acres of the Long Island Pine Barrens located within the towns of Brookhaven, Riverhead and Southampton. The Act defines the boundaries of the Central Pine Barrens and divides
Court Rules that Delays Associated with SEQRA Review do not Violate Telecommunications Act
Due to the proliferation of advanced mobile devices, such as smartphones and tablets, wireless service providers anticipate a significant increase in data traffic over their networks in the next few years. As a result, mobile operators have been compelled to find new ways to increase their network capacity, provide better coverage and reduce network congestion.
Appellate Court Concludes that Schools are not Exempt from Local Zoning Regulations
The generally accepted practice in towns and villages throughout New York is that public and private schools need not comply with the zoning rules applicable to other property owners. However, the Appellate Division, Third Department, recently issued a decision, in Ravena-Coeymans-Selkirk Central School District v Town of Bethlehem, that clarified that zoning laws do
Town Considers New Zoning Regulations for Port Washington Waterfront
Following the adoption of a moratorium on development along Port Washington’s waterfront, North Hempstead Town officials have proposed new zoning regulations designed to preserve public access and prevent excess building in Port Washington’s Waterfront Business (“B-W”) District. The Town’s B-W District encompasses approximately 10 acres adjacent to Manhasset Bay, and runs along the west side
Court Admonishes Village for Adopting Laws with a Discriminatory Purpose
Local governments in New York may regulate land use within their borders directly through their zoning codes and indirectly by adopting a variety of other statutes and regulations. There are, however, limits to their power. Municipalities, of course, must not discriminate on the basis of religion in violation of the U.S. or New York State
Town of Babylon Imposes Moratorium on Use of Pine Barrens Credits to Increase Development Density
On March 28, 2018, the Babylon Town Board adopted a moratorium on any new land use applications that seek to increase a parcel’s wastewater limits established by the Suffolk County Department of Health Services (“SCDHS”) by utilizing Pine Barrens Credits (“PBC”), which effectively transfer development rights from other parts of Suffolk County to properties within
Landmarks Preservation Commission May Prevent the Privatization of Interior Landmarks
In Matter of Save America’s Clocks, Inc. v. City of New York, the majority of a divided 3-2 Appellate Division, First Department, panel attempted to clarify the authority of the New York City Landmarks Preservation Commission (LPC) under the New York City Landmarks Preservation and Historic Districts Law (“Landmarks Law”). The majority ruled that
Is New York City’s Marx Brothers Playground a Park? The Answer is No Laughing Matter
A fierce legal battle is currently being waged between preservationists and the City of New York (“City”) over a parcel of land in Manhattan’s Upper East Side, known as Marx Brothers Playground. The parcel, which is located between 96th and 97th Streets on Second Avenue, is named after legendary comics Groucho, Harpo, Chico, Gummo and