The Town Board of the Town of Southampton adopted the Hampton Bays Downtown Overlay District (“Overlay District”) Form Based Code by Town Board resolution 2020-288 on February 25, 2020 with the support of a Supplemental Generic Environmental Impact Statement (“SGEIS”) Findings Statement. The intent of the Overlay District was, in part, to “prepare Hampton Bays for redevelopment. The Town is
Continue Reading Hampton Bays Downtown Overlay District Form Based Code Annulled for Failing to Comply with SEQRA
Appellate Division Upholds ZBA Determination Transferred from Supreme Court Pursuant to CPLR §7804(g)
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)
Appellate Division finds Village Responsible for Maintenance of Bulkhead Related to Drainage Easement
Plaintiffs own property in the Village of Freeport on Randall Bay and granted a drainage easement to the Village in 1961. The easement, dated September 6, 1961, allowed the Village to “construct and maintain one underground storm water drain and one tide gate accessory thereto for drainage purposes.” The Village constructed a drain pipe which was encased in a wooden
Continue Reading Appellate Division finds Village Responsible for Maintenance of Bulkhead Related to Drainage Easement
Appellate Division Upholds Supreme Court Dismissal of Article 78 Petition Against East Hampton Village Zoning Board of Appeals
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
Village of East Hampton Law Prohibiting Special Events at Hedges Inn Struck Down for Failure to Comply with NYS Village Law §7-702
The Hedges Inn (Hedges Inn) is a pre-existing, nonconforming, historic inn with 14 rooms and a restaurant at 74 James Lane in the Village of East Hampton (Village) in the R160 Residence District. In February 2018, Hedges Inn submitted permit applications to the Village for four weddings to be held outdoors in tents at the property between March and September.
Continue Reading Village of East Hampton Law Prohibiting Special Events at Hedges Inn Struck Down for Failure to Comply with NYS Village Law §7-702
Appellate Division Upholds Supreme Court’s Determination on Breakers Motel, East Hampton
In 2018, this Blog published “Challenge to Montauk’s Motel Restaurant Fails at Supreme Court Level” discussing the Article 78 petition and plenary action entitled Jane H. Concannon Revocable Trust v. The Building Department of the Town of East Hampton, Town of East Hampton Zoning Board of Appels, and Breakers Motel, Inc., Index No. 4297/2016, dated February
Continue Reading Appellate Division Upholds Supreme Court’s Determination on Breakers Motel, East Hampton
Appellate Court Upholds Zoning Board’s Denial of Patio Setback Variance
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
Supreme Court Upholds Village of Southampton Zoning Board of Appeals Determination
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
Appellate Division Upholds Denial of Article 78 Petition Against Zoning Board of Appeals of the Village of North Haven
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
Appellate Division Affirms Annulment of License Agreement to Affix Private Dock to Property Owner’s Association Community Docks
The Lattingtown Harbor Property Owners’ Association, Inc., (“POA”) entered into a license agreement, dated November 29, 2017, with another member, Peter Tully, granting an exclusive right to affix private docks to the POA’s community dock in exchange for a license fee and services provided to the POA by Tully’s construction company. Another member of the POA, Peter Beckerman, brought an
Continue Reading Appellate Division Affirms Annulment of License Agreement to Affix Private Dock to Property Owner’s Association Community Docks