As part of the 2022 adopted State Budget, the New York State Legislature amended the Open Meetings Law (Public Officers Law § 100, et seq.) to authorize public bodies to conduct meetings using videoconference technology through June 30, 2024. Videoconferencing was commonly used by public bodies during the pandemic because the public was prohibited from attending government meetings in
Continue Reading New York State Adopts New Law Governing Public Meetings by Videoconference
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 implement the Greater Bellport Land
Continue Reading New Brookhaven Overlay District Paves the Way for More Affordable Housing in Bellport
Appellate Division Reverses Prior Decision Requiring Developer to Remove Upper Stories of Residential Skyscraper
In April 2019, this blog discussed Committee for Environmentally Sound Development v. Amsterdam Avenue Development Associates, LLC, 2019 WL 1206357, 2019 N.Y. Slip Op. 30621(U) (Sup. Ct. New York Co., March 14, 2019), a case in which the New York County Supreme Court granted an Article 78 petition to annul a 2018 resolution by the New York City Board
Continue Reading Appellate Division Reverses Prior Decision Requiring Developer to Remove Upper Stories of Residential Skyscraper
New Law Authorizes Virtual Option for Public Meetings
On September 2, 2021, Governor Kathy Hochul signed legislation (S.50001/A.40001), which includes a number of statutory protections and other emergency public health measures adopted in response to the recent increase in the transmission rates of the COVID-19 Delta variant. One of the measures effectively suspends provisions of the Open Meetings Law and allows local government meetings that are
Continue Reading New Law Authorizes Virtual Option for Public Meetings
Legislation Seeks to Amend County Planning Review Process to Provide Towns and Villages with Greater Say over Zoning Actions in Adjacent Communities
The Suffolk County legislature is currently considering a bill (I.R. 1478-2021) that would provide towns and villages with a greater opportunity to weigh in on certain zoning applications proposed in adjacent municipalities as part of the formal County review process pursuant to General Municipal Law § 239-m and Article XIV of the Suffolk County Administrative Code. The proposed legislation
Continue Reading Legislation Seeks to Amend County Planning Review Process to Provide Towns and Villages with Greater Say over Zoning Actions in Adjacent Communities
Town of Huntington is the Latest Long Island Community to Regulate Small Cells in the Public Right-of-Way
In 2018, the Federal Communications Commission (“FCC”) issued an Order governing the installation of small cell nodes and other telecommunications facilities in an effort to speed up the deployment of the newest generation of wireless technology known as 5G. A small cell node typically consists of a single small antenna and related accessory equipment placed on existing utility poles or
Continue Reading Town of Huntington is the Latest Long Island Community to Regulate Small Cells in the Public Right-of-Way
New York’s Cannabis Law Legalizes Adult Recreational Use but Permits Local Governments to Ban Retail Sales and On-Site Consumption
After several stalled attempts, New York State became the 16th state to legalize recreational cannabis (marijuana) use. This occurred on March 31, 2021, when Governor Andrew Cuomo signed the “Marijuana Regulation and Taxation Act” (S.854-A/A.1248-A) that was passed by the legislature the night before. The stated intent of the law is to regulate, control, and tax cannabis in
Continue Reading New York’s Cannabis Law Legalizes Adult Recreational Use but Permits Local Governments to Ban Retail Sales and On-Site Consumption
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 in the Town that were
Continue Reading Brookhaven Adopts Innovative Zoning Regulations to Foster Redevelopment of Vacant and Underutilized Commercial Properties
Settlement of Lawsuit Causes Town of Oyster Bay to Revise its Rules of Decorum for Public Meetings
This blog post provides an update to a post that was published on November 30, 2020, regarding a dispute over the Town of Oyster Bay’s recently adopted rules governing conduct at public meetings. The new procedures, which created rules of decorum and prohibited inappropriate and disruptive behavior during public meetings, were challenged by Kevin McKenna, a town resident and self-described
Continue Reading Settlement of Lawsuit Causes Town of Oyster Bay to Revise its Rules of Decorum for Public Meetings
Federal Court Reviewing Town of Oyster Bay’s Rules of Decorum for Public Meetings
In response to a resolution passed by the Oyster Bay Town Board on October 6, 2020, that purports to create rules of decorum at Town Board meetings and seeks to prohibit inappropriate behavior during board meetings, a Town resident commenced an action in the United States District Court for the Eastern District of New York challenging the resolution’s constitutionality. The
Continue Reading Federal Court Reviewing Town of Oyster Bay’s Rules of Decorum for Public Meetings