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
Short-Term Rental or “Tourist Home” Deemed a Permitted Use despite Need for Special Use Permit from Planning Board
As the popularity of short-term rentals continues to grow and many local governments are adopting restrictions to keep their use in check, the authors of the Long Island Land Use and Zoning blog are closely monitoring how these restrictions are faring in the courts. As you will see from the recent case entitled Churchill v. Town of Hamburg, 2020
Continue Reading Short-Term Rental or “Tourist Home” Deemed a Permitted Use despite Need for Special Use Permit from Planning Board
State and County Laws Require Oversight of Certain Local Land Use Decisions
As a “home rule” state, New York’s zoning and other land use decisions are typically made at the village, town, or city level. However, Section 239-m of the General Municipal Law (GML) requires a referral to, and a subsequent recommendation by, the local county planning commission for certain local land use actions that might affect the interests of other jurisdictions.
Continue Reading State and County Laws Require Oversight of Certain Local Land Use Decisions
Smithtown Seeks to Reinvent the Hauppauge Industrial Park by Allowing Residential Development
The Town of Smithtown is considering the adoption of a local law that would allow residential uses as part of mixed-use developments in the Hauppauge Industrial Park.[1] The proposal follows on the heels of an April 2019 report commissioned by the Suffolk County Industrial Development Agency (“SCIDA”) which called for the park to position itself to become a regional
Continue Reading Smithtown Seeks to Reinvent the Hauppauge Industrial Park by Allowing Residential Development
The Coronavirus Lesson: Drive-Thrus are an “Essential Service” of Fast-Food Restaurants
In an effort to enforce social distancing and slow the spread of the coronavirus, many cities and states across the nation have adopted emergency orders mandating that restaurants, including fast-food chains, shut down their dine-in facilities. Not surprisingly, these new mandates resulted in a precipitous loss of business and have caused many restaurants to adjust their operations to provide take-out
Continue Reading The Coronavirus Lesson: Drive-Thrus are an “Essential Service” of Fast-Food Restaurants
The Coronavirus’ Impact on Pending Land Use Applications and Approved Construction Projects
NOTE: This blog post was updated on March 27, 2020 to reflect the new guidance that was issued by New York State Governor Cuomo’s office today relative to construction.
Despite 
the crippling impact that the coronavirus is having on all aspects of our daily lives, many developers are moving ahead with their projects, regardless of how far along they
Continue Reading The Coronavirus’ Impact on Pending Land Use Applications and Approved Construction Projects